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Author Topic: I've used up my 5 extensions to file SOU. Do I refile?  (Read 281 times)

xlawyerjim

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I am a retired attorney and this sounds like a question I would have gotten in law school but it is real.

I filed for a trademark and it has taken longer than I expected to get the business open.  A Notice of Allowance was filed on January 6, 2015.  I have filed 5 Extensions to file a Statement of Use.  According to trademark rules, we have not used the trademark in commerce yet.  Our business will be open within 6 months and I still want to use the trademark.

Do I need to just refile the trademark again like I did before? 

A possible complication: 

On April 18, 2017, a local competitor filed a trademark with a similar name.  On July 19, 2017, an Office Action Outgoing document was filed that stated that there was a likelihood of confusion with my trademark.  However, there has been no response to that letter by the other business.

Will this be a problem since it appears they have not responded to the notice sent to them almost 6 months ago.

Thanks in advance for your time!
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