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C. Federal registration procedure
After
the application is filed with the USPTO, the application will be examined, in
about six to nine months, to determine whether the application satisfies the
formal requirements, to determine whether the trademark is considered to be
distinctive and registerable and to determine whether there may be other parties
who have previously applied for or registered confusingly similar marks for
similar goods or services. The applicant or its attorney must then file
responses to the objections in order to overcome them. The nature of the
objections can require relatively simple responses or extremely complex
responses. If the objections can be overcome, the application will be
published in the Official Gazette of the USPTO so that third parties may object
to the application in opposition proceedings, which are in the nature of
litigation. If no third parties object or if the applicant prevails in the
opposition proceedings, the application will issue to registration. However,
if the application was based on a bona fide
intention to use the mark, the application will not issue to registration until
the applicant files a declaration stating that use of the mark on the specified
goods and services has commenced.
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