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I own GPHONE trademark now what to do with it?

Posted by . updated on 11/11/2009
I have registered the GPHONE trademark and I was issued a notice of allowance. What should I do with it?
Is someone interested in helping me out deciding on what to do with it?
Thank you
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Answers (13)
 
Chang Han
Really?
 
 
Norman
Sue Google for future trademark infringement.
 
 
Isaac
Didn't you already tell the PTO about your plans for the mark?
 
 
Lyza
If you've been issued a Notice of Allowance ("NOA"), then you filed a trademark application under an intent-to-use basis to register your mark for use with the goods/services listed in the application but you have not yet been granted a registration.

The NOA means that your mark has been approved for registration but that you must now demonstrate to the PTO that you are using it in interstate commerce.  You must file a Statement of Use ("SOU") and attach specimen of your mark in use, and also state the dates of first use anywhere and in interstate commerce.  You are also able to stall this filing if you have not yet begun using the mark.  You have until 6 months from the date of the NOA to either file the SOU or an "Extension Request to File A Statement of Use".  You are able to file up to 5 Extensions totalling 36 months from the date of the Notice of Allowance before you MUST file the SOU or lose the original filing date.  As soon as the SOU is approved, your mark will register. 

The entire process is not as easy as it sounds and it would be wise to ask an attorney for help with the filing but it is possible to do it yourself.  The most difficult part would be to chose and prepare correct specimens for filing.
 
 
MYK
I recommend making GPHONEs with it.  Just don't infringe upon Google's new cellphone thingamabob.
 
 
JSonnabend
Well, when you filed your ITU application, you swore under penalty of perjury that you had a bona fide intention to use the mark.  What intention did you have?  If you're just deciding what do with your mark now, your application is likely invalid.

- Jeff

Oh, and Sergio, make sure you mind your six month deadline coming up in November.
 
 
c.hugan
I would run for cover.

Have you filed a Statement of Use?  Has it been accepted by the USPTO?  Both of those are required before the mark will register.

Chris

http://nashvegaslawyer.wordpress.com/
 
 
Spielman
I agree with c.hugan..run for cover. Sounds like you needed advice from trademark counsel. AS usual however, it sounds like a big company is going to make your world more difficult.

Darren Spielman
Kain & Associates
www.ComplexIP.com
 
 
MelogKnaj
You should have figured out what you were doing with it BEFORE registering it, not after. Tough lesson to learn.
 
 
JSonnabend
Quote from: MelogKnaj on 10-02-08 at 05:57 pm
You should have figured out what you were doing with it BEFORE registering it, not after. Tough lesson to learn.
So not only are you cruising the forums digging up old posts to answer, but you're answering them with nonsense.  How can someone register a mark without first "doing" something "with it"?

- Jeff
 

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I own GPHONE trademark now what to do with it?

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Is someone interested in helping me out deciding on what to do with it?
Thank you
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