Expunge trademark in 1ST

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Aug 6th, 2022
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How to expunge trademark in 1ST

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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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Hence, any company that uses or registers marks should document and save copies of materials proving the date of first use of any kind (e.g., press releases, advertising) for each of its marks and also the date of first sale of any goods or services sold in connection with the marks.
Reviving Dead Trademarks In some cases, it is possible to revive a dead trademark. If your trademark has fallen into dead or abandoned status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment.
The date of first use anywhere occurs when the products were either first transported or sold. This date can also refer to the first time that the terms of services were first completed under the service mark.
In a first-to-file system, the rights to the trademark go to the first person or business that registers the trademark with the IP office. Conversely in a first-to-use system, a person or business using the trademark first in commerce will receive ownership over the IP.
If you want to challenge a registration due to nonuse in an attempt to get the registration canceled, you can request an expungement or reexamination proceeding. These processes may be less expensive and quicker than a contested cancellation proceeding before the Trademark Trial and Appeal Board (TTAB).
A date of first use anywhere is the date when (1) the goods were first sold or transported, or the services were first rendered, under the mark, and (2) such use was bona fide and in the ordinary course of trade.
Instead, first use means the earliest date on which (1) the goods or services for which the mark is being registered were sold (or offered and available to customers) in the ordinary course of trade, AND (2) the mark was used in conjunction with the commercial sale or offering for sale of those goods or services.
First-to-use Trademark System In these systems, the entity that can demonstrate the earliest continuous use of a trademark in the course of business typically holds the rights to that mark.

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