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Author Topic: Question about letter of protest prior to publickation  (Read 923 times)

SoftmasterG

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My trademark has been published for oppostiion, however prior to that happening the attorney for a company with a competing product using a similiar name sent in a letter of protest prior to publication attempting to make the case that my mark was merely descriptive and provided as evidence a series of web screen shots from google searches and on line forums.  The attorney for the competing product has filed for a trademark for a mark similiar to mine, let's say my trademark is "iSomething" they are filing for a trademark "MyCompanyName Something".  The letter of protest was claiming that "something" was merely descriptive.  I would like to add to the public record that the attorney issue the letter of protest is applying for a trademark for a term that they are claiming is merely descriptive.
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JSonnabend

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Re: Question about letter of protest prior to publickation
« Reply #1 on: 04-19-11 at 07:26 am »

Don't do anything.  If the application has published, then it's on its way and the letter of protest is irrelevant.

- Jeff
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SonnabendLaw
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SoftmasterG

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Re: Question about letter of protest prior to publickation
« Reply #2 on: 05-04-11 at 12:12 pm »

Don't do anything.  If the application has published, then it's on its way and the letter of protest is irrelevant.

- Jeff

It turns out that the original USTPO attorney regained control of the case and issued a letter of rejection because of "Merely Descriptive", I have to respond within 6 months but was wondering if the rejection letter stops the clock on the 30 day period others have to oppose.
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