* Trademark Examination Suspension

This Is Our “17 Seconds” Newsletter #115: 17 Seconds = Useful Info Quickly.

The USPTO examines trademark applications in the order they are filed, but trademark rights are determined by the first to use (and filing a trademark application counts as “constructive use”). So a suspension letter does not mean that you have lost your trademark rights. A trademark application is typically suspended when (1) there is another similar U.S. application with an earlier filing date, (2) a U.S. application is based on a foreign application, and the U.S. application needs to be put on hold until examination of the foreign application is done, or (3) a third-party dispute (opposition or cancellation) is pending.

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