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When new trade mark applications are filed.
We make you aware within eight weeks of the assignment of a new application number, and at least sixteen weeks before advertisement, which conflicting trade marks are now pending. Your lead time to resolve any dispute is about 16 weeks. Your options are;
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Send a friendly letter to the applicant's agent, with a copy to the applicant, requesting
additional information about the applicant and his business in order to determine if a
conflict really exists. This initial step serves the prime purpose of advising the other side
that you have knowledge of their existence very quickly. The channels of communication
for negotiations have now been opened.
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When the conflict is obvious a demand letter is sent to the applicant's agent, with a copy
to the applicant, insisting the infringing application be withdrawn.
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Send a demand letter to the applicant's agent, with a copy to the applicant, insisting the
applicant undertake not to use the mark in agreement for the owner not commencing
formal court proceedings.
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Prepare and file a Statement of Claim in Federal Court.
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Ignore the problem and hope it goes away.
Once approved marks are Advertised.
You are aware about two weeks prior to the date the approved mark is advertised. Your lead time to resolve the dispute is about
4 weeks. Your options are;
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Immediately file a request for an extension of time in which to oppose the application on
the grounds that you have commenced to negotiate with the applicant.
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Send a friendly letter, requiring a prompt reply, to the applicant's agent, with a copy to
the applicant, requesting additional information about the applicant's business in order to
determine the extent of the conflict. Confirm we have requested an extension of time.
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Prepare and file a formal Statement of Opposition.
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Ignore the problem and hope it goes away.
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