Brooklyn, NY asked in Trademark for Delaware

Q: Hi there , Basically we have a deficiency letter in need of a response it was incomplete plus to file amendment.

Do I file a ALLEGATION OF USE (STATEMENT OF USE/AMENDMENT TO ALLEGE USE) first and then answer this deficiency letter or both can be done together?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta

A: You should consult an attorney.

Most likely you need to respond to the office action and then wait for the notice of allowance to be issued

Julia Lang
Julia Lang
  • Trademarks Lawyer
  • St. Louis, MO

A: It sounds like you have a 1(b) application (filed on an intent-to-use basis). When an application is refused, an applicant can typically do one or both of two things: (1) file an amendment changing the application to meet the examiner's objections; and/or (2) file a formal response, setting forth a legal rebuttal to the examiner's objections.

I highly recommend consulting a trademark attorney to go over the facts of your specific case. You can work with a trademark attorney licensed in any state, not just the state where you are located. I'm happy to discuss this matter further if you'd like to reach out.

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