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Page 2 of 14 |
What is the procedure for registration in the U.S.? |
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Application for trademark registration occurs before an administrative tribunal. The Trademark Office examines your application and permits it to go forward or denies it. If you lose your arguments for registration, you may then appeal that adverse decision to the Trademark Trial & Appeal Board. After you clear the examination hurdle your mark is published in the Official Gazette for Opposition. Third parties may then engage in a trial like proceeding (an Opposition) to prevent the registration of a mark.
However, these are all "administrative" proceedings which affect only registration and not use in the market place. You must go into Federal Court to get an injunction to stop an infringer's use. Victory in the Trademark Office does not accomplish this. |
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