Re: eligible to register on the the Principal Register?

Subject: Re: Re: eligible to register on the the Principal Register?

Comments:
: : Hi all, : : : : I am not an US Citizen and I have received an Office Action in a pending US trademark application. The Trademark Examining Attorney informed us he refused registration on the Principal Register, but we may amend the application to seek registration on the Supplemental Register. : : : : : : I am not really sure can we argue that we have been used continuously the descriptive mark for more than five years, thus the application should be eligible to register on the the Principal Register. : : : : Can anyone enlighten me on this issue? : : : : Also, I wanted to make sue how to respond to the Office Action. Need to present the evidence by submitting the specimen which I used the mark before? If I fail to find out the earlist specimen, does it make sense that I find out the specimen as early as possible? : : : : Thank you in advance. : Dear KenHMY, : My experience is that the Examining Attorney is right when they are right and right when they are wrong. : There are things that might be able to be done. Your citizenship should not be a problem. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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