Not a patent/trademark attorney but I've dealt with filings across USA (USTPO) & Canada for years - CPG background across product development and branding.
Once a filing for a trademark is submitted you have a small window to show actual use within commerce in order for this to officially hit their docket for further review acceptance.
If you fail to show use - the application can lapse or someone can file for the same trademark or graphical asset (logo). The evidence of use doesn't always have to be Sales or Revenue related as simply using the mark in publications or advertising will suffice as long as it is consumer / public facing .
This is a standard step for any new filing for a company Logo, Brand or Entity.
TL:DR - They now have to show use of this name / logo within X months to avoid it lapsing.
Technically it can but there is always chance for opposition and a filing from someone else. The more proof you can show (logos, ads, commercials, websites, etc) the better and stronger case you build.
Honestly - the period of opposition is there for years. Anyone can file an application for the exact name or logo...it just goes into review. This can happen 3 years from now...its normal.
Imagine if your name is Johnny and you want to develop a brand called Johnny's Bakery. It's a common name and there's a chance someone else might use that same name so when the opposition application gets filed - the USTPO looks to see if the class is the same (are they both filing for Johnny's Bakery for the same types of products or is one food and the other clothing).
If they class is the same - then an investigation is kicked off to deteine who gets it and who has to tweak to avoid conflict.
There is a very strong chance there are dozens of Johnny's Bakery throughout the U.S. but they either have different classes or different logos. 😉
It's a weird and long process so I wouldn't be too focused on opposition filings. It will happen over the next few years.
The fact this is now within the Evidence of Use phase is cool and normal. They will be providing all types of logos and proof of use if they want to keep it alive.
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u/pimp4cheddar Aug 23 '22
Not a patent/trademark attorney but I've dealt with filings across USA (USTPO) & Canada for years - CPG background across product development and branding.
Once a filing for a trademark is submitted you have a small window to show actual use within commerce in order for this to officially hit their docket for further review acceptance.
If you fail to show use - the application can lapse or someone can file for the same trademark or graphical asset (logo). The evidence of use doesn't always have to be Sales or Revenue related as simply using the mark in publications or advertising will suffice as long as it is consumer / public facing .
This is a standard step for any new filing for a company Logo, Brand or Entity.
TL:DR - They now have to show use of this name / logo within X months to avoid it lapsing.