Clear up trademark in LWP

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Aug 6th, 2022
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The simplest way to clear up trademark in LWP

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How to clear up trademark in LWP

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I want to share the latest information from the USPTO about the delays in processing trademark filings you can see this page here published by the USPTO on their website and as of March 2023 initial applications are taking on average eight and a half months before they get reviewed by an examining attorney and weamp;#39;re actually seeing the vast majority take more like nine and a half months another data point here that is very important is that renewal filings uh are taking some of them up to half a year to get reviewed by the U.S patent and trademark office and this is Way Way Beyond the target date that they have sent I note also that while the USPTO is just barely meeting its Targets on applications they have extended those targets numerous times over the last two years

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Yes, a trademark can be removed from the trademark register if it is not being used. Many jurisdictions require that a trademark is actively used in commerce to maintain its registration and protection. This requirement is often referred to as use in commerce or use in connection with the goods or services.
For a more in-depth search, you may choose to use a trademark screening service or work with an experienced U.S.-licensed attorney. An attorney can provide a clearance search and interpret the search results as well as advise you on how to apply for federal trademark registration.
If your trademark application isnt the subject of an appeal, an opposition, or a concurrent use proceeding, then you should complete and submit the Request for Express Abandonment of Application form thats available on the USPTO website.
A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act 14.
The trademark can be removed from the registry for non-use, as explained below - Not using a registered trademark for a period of five years starting from the date the trademark is registered. If the prescribed renewal fees are not paid, the trademark may be removed from the trademark registry.
A: Trademark clearance is the process where you submit your desired trademark to the USPTO to determine if anything similar is already in use. If your trademark is too similar or the exact same as something that already exists, you can then make changes to ensure you arent copying another companys assets.
The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled. File the Petition: Submit the cancellation petition to the appropriate trademark office or administrative body.
A trademark can be invalidated (revoked) five years after registration by a third party if the party can prove the trademark is not being used for the registered purposes.

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