What is concurrent use in trademark application?

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Marielle Sauer asked a question: What is concurrent use in trademark application?
Asked By: Marielle Sauer
Date created: Sun, Jun 27, 2021 1:15 PM
Date updated: Tue, May 10, 2022 7:31 PM

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Top best answers to the question «What is concurrent use in trademark application»

  • Concurrent use is a type of federal trademark registration that permits use of a trademark by more than one group or agency. In the U.S., a concurrent use application is made through the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (USPTO).

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💻 What is concurrent use claim trademark?

A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area.

💻 What is concurrent use in trademark?

Concurrent Use Trademark: Everything You Need to Know 1. Why Apply for Concurrent Use Trademark Registration? 2. Application Requirements for Concurrent Use Trademark Registration 3. Concurrent Use Agreements 4. Common Law Trademark Rights and the Trademark Act

💻 What does concurrent use mean in trademark law?

  • Concurrent use registration. Jump to navigation Jump to search. A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area.

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Concurrent use trademark registration occurs when an applicant with an eligible trademark requests issuance of a registration concurrent with the registration of a conflicting mark. Why Apply for Concurrent Use Trademark Registration?

A concurrent use registration permits both users to obtain federal trademark registration, with each registration being limited in such a manner as to prevent any significant likelihood of confusion among potential customers.

What does trademark application “Concurrent Use” mean? Concurrent use is a term which refers to federal trademark registration of similar mark to 2 or more parties that are not related.

What is Concurrent Use Registration of a Trademark? The United States trademark laws allow for concurrent use registration, whereby a similar trademark can be federally registered by two or more unrelated parties, albeit with a specific restriction limiting each party’s registration to a distinct geographic area.

37 CFR § 2.99(h) The Trademark Trial and Appeal Board will consider and determine concurrent use rights only in the context of a concurrent use registration proceeding. 37 CFR § 2.133(c) Geographic limitations will be considered and determined by the Trademark Trial and Appeal Board only in the context of a concurrent use registration proceeding.

A concurrent use registration, in United States trademark law, is a federal trademark registration of the same trademark to two or more unrelated parties, with each party having a registration limited to a distinct geographic area.

Whilst the cost involved in an honest concurrent use application will be higher than an ‘ordinary’ application (due to the preparation of evidence and the additional formalities involved), it is an effective way of registering trademarks which ordinarily wouldn’t be capable of registration. 1 2 3

The Trademark Trial and Appeal Board (the Board) holds a concurrent use proceeding to determine whether an applicant is entitled to concurrent registration of a trademark. In order to initiate a concurrent use proceeding, a concurrent user must submit a concurrent use application, in which the applicant meets the following criteria:

Concurrent use of the mark by one or more other parties: If the mark in your application is already in use by another party, you must include several statements that meet the requirements of 37 C.F.R. §2.42. For a complete list of TEAS Plus filing requirements, see TMEP §819.01.

Your Answer

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What if my trademark application is denied?

If the TTAB issues a final decision to reject a trademark application, there is only one remaining option for recourse. The applicant must file an appeal with the United States Court of Appeals for the Federal Circuit… In the process, the Court may elect to remand the matter for further proceedings.

Can trademark application be amended?

You’re allowed to amend a trademark application at different points throughout the registration process. For instance: After your trademark application is filed, but before it’s reviewed by an examining attorney; Your trademark application has been approved for publication, but has not yet been published for opposition

Government of canada trademark application?

A trademark can protect a combination of words, sounds or designs used to distinguish your goods or services from those of others in the marketplace. Learn about, search or apply for registration.

How to amend trademark application?

How to Amend a trademark application INTRODUCTION. A trademark application, once submitted, can be subjected to specific changes to correct some information... PROCEDURE. An applicant who has filed for registration of a trademark, can, before the registration, request an... TRADEMARK CORRECTION…

How to do trademark application?
  • Set up a USPTO.gov account. To access the Trademark Electronic Application System (TEAS), you need to log in to a USPTO.gov account with two-step authentication.
  • Trademark application. File the application online through the TEAS. View trademark fee information . Note: The application fee is a processing fee.
  • Monitoring application status. Throughout the entire process, you are responsible for monitoring the progress of your application through the Trademark Status and Document Retrieval (TSDR) system.
  • Applicant address and email address. It is critical that, you maintain and update your address, including your email address…
Can a trademark owner oppose a trademark application?
  • A party can oppose a trademark filing for a variety of reasons, but the most frequent is based on a likelihood of confusion. Typically, trademark owners take advantage of trademark monitoring services (link to ours) that alert them when someone is trying to register a similar trademark for similar goods and services.
What does pending mean on a trademark application?
  • Trademark pending means a trademark is in review. You can use (TM, SM) next to your symbol, mark, logo, word, phrase, or design to indicate a pending status.
What does serial number mean for trademark application?
  • You file an application based on your bona fide intention to use your trademark in commerce. Your application is given a USPTO serial number.
What happens after a trademark application is approved?
  • On acceptance of a trademark application, the registry will publish the new trademark, triggering a period within which third parties can raise objections, generally by way of an opposition.
What happens after my trademark application is approved?
  • After your trademark application has been reviewed and approved by an examining attorney, the mark will be published for opposition, which means that the trademark opposition period starts.
What happens if a trademark application is refused?
  • An application for a mark can be refused if there is a similar mark already registered. If the applicant believes they have the right to the trademark, they may file a petition for cancellation to protect their possible right to the mark. You should consider trademark cancellation if you believe that you will be damaged by the mark's existence.
What happens if trademark application is not refundable?
  • Application fees submitted to the Secretary of State’s Office with a trademark or service mark application are not refundable, as provided under S.C. Code §39-15-1185. If the Trademarks Division determines that the mark is not entitled to registration, you will be notified of the reason that the application was denied.
What happens when a trademark application is abandoned?
  • Once a trademark application is abandoned, it is not protected from use by another individual. Registered —This status indicates that your trademark has been officially registered. You are now free to use the ® symbol, and no additional information or action is needed until the fifth or sixth year of trademark ownership.
What happens when you withdraw a trademark application?
  • In some cases, trademark applicants have to withdraw their registration documents. This is known as express abandonment. This typically happens when an applicant tries to register a trademark that's too similar to another trademark. The owner of the original mark can oppose the new mark's registration by sending a cease and desist letter.
What is a disclaimer in a trademark application?

A disclaimer is a statement that you include in your application to indicate that you do not claim exclusive rights to an unregistrable portion of your mark… A disclaimer may be included in an application at the time of filing or may be added by amendment, e.g., to comply with a requirement by the examining attorney.

What is a section 8 trademark renewal application?
  • A Section 8 Declaration Is a Sworn Statement of Use or Excusable Nonuse of the Trademark. A Section 9 is an application to renew the trademark registration. What is a Section 9 Trademark Application? As stated above, a Section 9 is an application to renew the trademark registration.
What is an opposition to a trademark application?
  • An opposition is a process, or proceeding, before the Registrar of Trademarks (the Registrar) whereby somebody (the opponent) objects to the registration of a trademark in Canada. A successful opposition prevents a trademark application from issuing to registration.
What should be included in a trademark application?

Your trademark application must contain the following information to be considered complete: The applicant's name and address. The applicant should be the owner of the trademark. For example, if a corporation owns the trademark, the applicant should be the corporation.

Can i assign a trademark application?
  • Trademark assignment is the process by which one party transfers its trademark rights to another party. The assignment is a contract, which can cover a few different items. It may be an assignment of common law trademark rights . There may also be a federal trademark registration involved, as well. You can even assign a trademark application.
Can i modify my trademark application?

You can change some information in your trademark application after you receive a Notice of Publication or a Notice of Allowance and before your mark is registered, but not all changes are allowed.

Can you amend a trademark application?

An applicant who has filed for registration of a trademark, can, before the registration, request an amendment or correction through form-16 along with the documents favoring the claim and the specified fee. The amendment provision of an application is provided under section 22 of the Trademarks Act 1999.

Can you cancel a trademark application?

A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act § 14.

Can you change a trademark application?

You're allowed to amend a trademark application at different points throughout the registration process. For instance: After your trademark application is filed, but before it's reviewed by an examining attorney… An Extension of Time to Oppose has been filed, but no formal trademark opposition has been filed.