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Re: StormKing post# 45750

Saturday, 04/26/2014 2:01:31 AM

Saturday, April 26, 2014 2:01:31 AM

Post# of 85530
Storm- here's more info on the patent process

History of important patent dates on Appflix (look at prosecution history):
http://tsdr.uspto.gov/#caseNumber=85645561&caseType=SERIAL_NO&searchType=statusSearch

Trademark process explained:
http://www.uspto.gov/trademarks/process/

Here's what I gather from the information:

August 6, 2013- (NOA emailed)
Explanation of NOA see source:
STEP 13: Notice of Allowance Issues for Marks Based on an Intent-to-Use the Mark
NOA is called a notice of allowance because the trademark is not in use until a good or service is out in the market. A company has 3 years (36 months) from the NOA to either get the product/service out or it is considered "abandoned" and no further extensions are typically issued- the trademark is not registered after 3 years if there is no product/service. Until the trademark is in use in a product/service an extension has to be issued every 6 months for up to 3 years.

March 10, 2014 abandonment-
Just after 6 months of the NOA an abandonment of use was sent to MRNJ requiring them to show use of a good or service or file an extension for 6 months. They have to do this every 6 months or they will get an abandonment notice and have 2 months to either prove use or file an extension. They can do this 4 times.
From sources listed:
STEP 14: Applicant Files Timely Statement of Use or Extension Request
The Applicant has six (6) months from the mailing date of the notice of allowance in which to either file a statement of use or file an extension request.


The grant of such extensions is predicated, in part, upon the applicant's showing of "good cause" as to why the mark has not yet been used. Thus, an applicant may have up to 36 months from the mailing of the notice of allowance within which to file a statement of use. (See Trademark Rules 2.88 and 2.89 concerning the requirements for a statement of use and extension requests.) Upon filing, the statement of use will be examined and, if accepted, the mark will register.
http://www.uspto.gov/web/offices/com/sol/og/con/files/cons157.htm

April 21, 2014 the extension was granted. This means MRNJ has used 1 of its 4 available extensions. Every 6 months they need to show use or file an extension.

An actual registration of the trademark does not occur until the statement of use is proven- (there is a good or service).

Source on registration after use documented:

STEP 16: USPTO Reviews Statement of Use
If the minimum filing requirements are met, the statement of use is forwarded to the examining attorney. The examining attorney conducts a review of the statement of use to determine whether federal law permits registration.


There are also extra fees typically with more government filings. I found various numbers- somewhere between $500-$1000.








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