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Author Topic: consent letter for trademark  (Read 1560 times)

princessbbn

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consent letter for trademark
« on: 05-08-11 at 07:43 pm »

I was hoping someone could please please help me. I am trying to save my trademark application from becoming abandoned and have decided that I want to send a letter of consent request from the senior user. Can anyone please send me a sample letter of consent request that they have sent? I am doing this solo because I am strapped for cash so an attorney is out of the question. I figured this is my best shot! Thank you so, so, so much for anyone who is willing to help me!

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princessbbn

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Re: consent letter for trademark
« Reply #1 on: 05-08-11 at 08:03 pm »

Sorry, I know this may sound silly but can I please take a look at a sample letter of consent( in case Sr user agrees)? I know the rule 1207.01(d)(viii) Consent Agreements governs but I was hoping to take a peek at a sample letter so that I know how to format it. Thanks!!
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OMG IP

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Re: consent letter for trademark
« Reply #2 on: 05-12-11 at 07:39 am »

try a very basic web search.  You will no doubt find something.
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DEBOER IP
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Sudhir Kumar

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Re: consent letter for trademark
« Reply #3 on: 05-19-11 at 08:20 am »

you dont need to go into technicalities, the consent letter should mention your Trademark, application no.; class, Applicant name, date of filing as well as goods/ services (advisable to mention so that later on, no one challenges consent that it was taken on pretext of different goods)

the senior user should give unequivocal consent (without any terms and conditions).
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Sudhir Kumar
Advocate & Patent Attorney, India
ASWAL ASSOCIATES- Attorneys at Law & Intellectual Property
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JSonnabend

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Re: consent letter for trademark
« Reply #4 on: 05-25-11 at 07:16 am »

Kumar, your advice is off the mark.  The letter of consent should clearly define the two parties' respective uses of their marks and further state that the parties will cooperate to address any potential confusion that actually arises.

- Jeff
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SonnabendLaw
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Kaitlin

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Re: consent letter for trademark
« Reply #5 on: 05-25-11 at 08:01 am »

No one's mentioned this yet, but perhaps it should be stated that the assumption is you're talking about US trademarks under US law.
Also, how do you know you need the consent letter to keep the application from being abandoned?  Did the examiner say that's the only way the application will move forward?
« Last Edit: 05-25-11 at 08:29 am by Kaitlin »
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
 



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