|
|
Procedural question about substitute specimens
Posted by Anonymous . updated on 2/26/2009
Trademark specimens are sometimes objected to, e.g. as "mere advertising material." A common procedure is to file a substitute specimen that meets the specimen requirements. However, filing a substitute specimen requires an assertion that the specimen was in use at least as early as the original specimen.
Question: What is the easiest way, procedurally, to file a substitute specimen having a later date of first use, without filing a brand new application? I think one way is to switch from a 1(a) basis to a 1(b) basis (intent to use), then subsequently file a statement of use with the substitute specimen. Is there an easier way? Can both of those steps be combined into a single filing?
Thanks
Answers (2)
| |
|
bcapehart
|
Your strategy regarding using a later used specimen looks to be on target. I have had to do this a few times. Convert the 1(a) application to a 1(b), then file a SOU. Since the filing is on-line, I usually file the amendment relating to the 1(a)-1(b) conversion, then turn around and file the SOU. I don't think it can be done in a single filing. Also, it wouldn't hurt if you call the Examining Attorney to give a heads up as to what you are doing.
Brent
|
|
| |
|
IPLoya
|
Thanks for the prompt and helpful reply.
-iploya
|
|
Related Questions
 |
I registered a domain name I am planning on building a website using the domain I purchased. I did a search on the domain and found that the name has a trademark Abandonment Date - two things: 1) Can I trade... Read More |
|
Our youth football league recieved a letter from the Little League Baseball saying we could not use the words ''little league'' in the name of our football league. Our organization has been incorperated snce... Read More |
|
Can tee shirt logo designed be protected? Read More |
|
I am a 3D illustrator looking into self-publishing a book of 3D cutaway illustrations of various household devices. Would it be legal to include a 3D cutaway illustration of the Microsoft X-box (for example)? Read More |
|
We have a trademark license and patent number agreement that we send to our customers. The question is whether this agreement is necessary. What does an agreement like this give us that the PTO doesn't, when... Read More |
|
- Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
- Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
- Patent Express is backed by a 100% money back guarantee.
|