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The total cost for filing of a Notice of Appeal is $670 for a small entity and $1,090 for a large entity.
The incontestable status provides a presumption that the mark has acquired secondary meaning. However, incontestable trademarks can still be cancelled if the mark is generic. In addition, abandonment (or non-use) of a mark provides grounds to cancel an incontestable trademark.
The applicant can initiate an appeal by filing a notice of appeal and filing fee with the Patent Trial and Appeal Board (PTAB), with which the America Invents Act replaced what was previously the Board of Patent Appeals and Interferences.
The usual period of time in which appellant must file his or her brief is 2 months from the date of the notice of appeal. The Office date of receipt of the notice of appeal (and not the date indicated on any Certificate of Mailing under 37 CFR 1.8 ) is the date from which this 2-month time period is measured.
How long does an appeal take? A. The average appeal takes approximately 15 months. The Office refers to this time from when the Board receives jurisdiction over the appeal to the issuance of a decision as appeal pendency.
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When a claim in a patent application has been rejected twice, the application can be appealed. There are a couple steps in this process. First, it is common to file a notice of appeal, and, on the same day, file a Pre-Appeal Brief Request for Review, which is a miniature five-page appeal brief.
File an appeal of refusal to register Go to the File a New Proceeding section on ESTTAs filing page to select the Appeal of Refusal to Register form. Enter the subject application serial number and select Start to open the form. Preview the appeal of refusal to register form before filing.
The usual period of time in which appellant must file his or her brief is 2 months from the date of the notice of appeal. The Office date of receipt of the notice of appeal (and not the date indicated on any Certificate of Mailing under 37 CFR 1.8) is the date from which this 2-month time period is measured.

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