June 18, 2010, Newsletter Issue #133: Finish The Process

Tip of the Week

Once you've had your mark published for opposition, you’re almost done with the trademark process. If there was no opposition to publication, then 12 weeks after the date the mark was published a Certificate of Registration or a Notice of Allowance will be issued.

Whether you receive a Certificate or Notice depends on the basis you used for filing the application, not your current business status. Certificate of Registration is for marks actually used in commerce at the time the application was filed and Notice of Allowance is for marks that had intent to use in commerce at the time the application was filed.

If you receive a Certificate of Registration, congratulations – your registration is complete! If you receive a Notice of Allowance, you have 6 months to submit a statement of use in commerce. When the mark is ultimately registered the effective date will be the date of the application.

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