» Mon Apr 25, 2011 1:38 am
Good news! Well, bad news in that we all should feel like idiots, but good news otherwise.
I just got off the phone with the USTPO, and they told me this, and I'm summarizing here:
Bethesda doesn't need a Notice of Allowance to use the trademark in commerce. Once they file for it, they are protected. If someone else wants to oppose it, the USTPO bases who gets the trademark on who filed for it first. The Notice of Allowance is issued by the USTPO as a way of telling the company that they can now use the mark in commerce, or extend the expiration of the mark, however the company can use the mark in commerce and file a Statement of Use BEFORE they get a NOA. They don't need the NOA.
So, essentially, the trademarks expiring means nothing if they can simply file for another mark, like they've already done with one of them, and use the mark in commerce as soon as they file for it. So the good news is, we wont have to wait months or even a year for a NOA, but this also means that, as long as they file for more trademarks to replace the old ones, they can announce it any time they please.
Also, I see that this thread is reaching the post limit so I'll post this again in the new thread.