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Author Topic: Can I have application removed from suspension? If so, how?  (Read 836 times)

alittlebitofpatents

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I received a Suspension Notice: No Response Needed in March for a trademark application I filed in November.  The application was suspended because a mark in a prior-filed pending application potentially could have presented a bar to registration of my mark.  As a result, my application was suspended until the earlier-filed application either registered or was abandoned.

Time went on and the earlier-filed application appears to have been abandoned late last month.  Based on TMEP 716.04 (http://tess2.uspto.gov/tmdb/tmep/0700.htm#_T716), it appears as though the suspended docket is checked once every six months and my application could be removed at some point during that period.  However, I would like to expedite this process if at all possible.  Under TMEP 716.03, it appears that I can request the application be removed from suspension.  How do I go about doing this so that I might register my mark?

Note: The Suspension Notice indicated that I should use the "Response to Suspension Inquiry or Letter of Suspension" form online (available here: http://www.uspto.gov/trademarks/teas/response_forms.jsp) for any responses.  I have read that form, but did not think it applied to what I am trying to do.  Any suggestions?
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chugan

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Re: Can I have application removed from suspension? If so, how?
« Reply #1 on: 06-08-12 at 01:22 pm »

In the past, I simply called the Examining Attorney assigned to my application.  That's been a few years, though.  I think the request to remove is used when you have been wrongly suspended.

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alittlebitofpatents

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Re: Can I have application removed from suspension? If so, how?
« Reply #2 on: 07-10-12 at 12:29 pm »

Thanks, chugan.  I appreciate your advice.  I called the examining attorney to see if there was anything that could be done.  Unfortunately, he seemed to think that we just have to wait for the trademark office to do its standard docket review.  I think you are right about the request to remove.  I suppose there's no harm in waiting at this point.
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