Atlanta Patent Application Attorney
Experienced Georgia Service Mark Lawyer
At the Hollin Law Offices, we can help you with patent, trademark and service mark Office Actions. With more than 30 years of legal experience, J.T. Hollin has extensive insight and knowledge of patent and trademark laws.
Office Actions Involving Patents
Attorney J.T. Hollin can help with filing an initial patent application or appropriate response to an Office Action from the USPTO. After he helps you file an initial patent application you will wait to hear back from the patent examiner with a First Office Action. It can take anywhere from 18 months to two years before a rejection or acceptance of a claim is given by the USPTO. The patent examiner can reject or accept some or all of your patent claims. Regardless of the decision, a response must be filed. You will have up to three months to respond to the patent examiner. It is important to timely respond to every Office Action in order to prevent your application from becoming legally “abandoned.”
If you have already received a First Office Action from the USPTO, Attorney J.T. Hollin can help you make an appropriate response and any amendments to your claims. This involves extensive research and analysis of the legal reasons cited by the examiner in rejecting your application.
Office Actions Involving Trademarks and Service Marks
Trademarks and service marks go through a similar process as patent applications with both First Office Actions and Final Office Actions. There are additional issues to be aware of, though. With trademarks, a First Office Action can be sent from the examiner usually within three to four months. This will state whether the examiner accepted the trademark as an allowable name or artistic logo. In some cases, a trademark action might be rejected because it is confusingly similar to other trademark actions registered or already filed. If this occurs, Attorney J.T. Hollin can help you submit an appropriate legal argument, particularly if you have already been in business for some time and have developed an “acquired distinctiveness,” therefore possibly having an enforceable trademark against competing parties.
Supplemental or Principal Register
The vast majority of trademark/service mark applications submitted, if successful, are registered on the Principal Register. This gives the registrant significant legal rights. If, for some reason, you are denied registration on the Principal Register, you may be able to obtain registration on what is called the Supplemental Register. You may continue to develop your business over a four- to five-year period (or more) and show an “acquired distinctiveness.” After that time you may be able to obtain registration on the Principal Register.
Oftentimes an applicant, after having his/her trademark and logo published in the Official Gazette, the applicant may face actions by other companies or businesses in opposition to the application. Attorney J.T. Hollin can represent you in “virtual” court before the Trademark Trial and Appeal Board (TTAB), if necessary. Evidence is submitted before an administrative judge who determines which applied for or currently registered trademark has priority. Trials can go on for eight to ten months, or longer. All documents and evidence in a TTAB proceeding are filed and litigated entirely online, through electronic submissions.
Call for Patent, Trademark and Service Mark Assistance | Free Initial Consultations
Do you need help with an Office Action? Call the Hollin Law Offices in Georgia today at 770-872-4703, or contact us online. Atlanta patent law attorney J.T. Hollin can help you obtain a patent from the USPTO or represent you in your patent litigation case. He also helps with patents for small businesses and manufacturers. We represent clients in northern Georgia and throughout the U.S.