Legal Question in Intellectual Property in New York
Statement requested by USPTO: substitute specification contains no new matter
Is there a form for this?
1 Answer from Attorneys
Of course there is no form for it, how you respond will depend on specific facts.
Handling your own trademark is not a good idea for a lot of reasons. Further, whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process and a guide on how to choose a strong trademark.
http://www.lanternlegal.com/trademark_due_diligence.php
http://www.lanternlegal.com/test_trademark.php
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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