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Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
The USPTO charges a $275 fee for online trademark applications. The process takes about 6 months from initial application to final registration. It is a general practice to hire a trademark lawyer to file the application on behalf of the future owner. Once the application is filed, it sits in a queue for a few months.
As per the Trademark Rules 2017, India, an applicant needs to substantiate his claim that his trademark is having the "well-known" status. He needs to furnish the documents in support of evidence of his rights & claims, namely use of trademark, any application for trademark, and annual sales turnover, and so on. [119] [120]
In the United States, an Office action is a document written by an examiner in a patent or trademark examination procedure and mailed to an applicant [1] for a patent or trademark. The expression is used in many jurisdictions. Formally, the "O" is supposed to be capitalized, since it refers to the U.S. Patent and Trademark Office. [2]
The Madrid System, also known as the Madrid Protocol, [1] is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world.
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