We’re grabbing up another trademark for a client, out from underneath both an existing trademark owner and another applicant. And we’re doing it completely by the rules, with the use of a little patient watching.
Skipping to the chase, many trademark applicants and practitioners do not realize that there are NO EXTENSIONS of time to file affidavits of continued use (Sections 8 and 9 of the Lanham Act), or to respond to trademark office actions (rejections or objections by the trademark examining attorney). This failure to strictly observe time limits may be due to the fact that many of those practicing intellectual property law are most familiar with the laws and procedures of the patent office. The patent office has been jokingly called the “last bastion of pure capitalism,” because almost any time limit can be extended by the payment of a penalty fee. It’s really easy to get used to rolling over office actions for an extra 30, 60, or even 90 day period when things are busy. Even in the worst case, when a patent is accidentally allowed to go abandoned, there are procedures and, of course, the payment of a fee, for their revival.