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Volume19
Year2010
TitleAlternatives to Opposition for Attacks on Registrability of an ITU Mark
Author(s)James Abe
First Page147
AbstractThe Lanham Act provides that notice of opposition must be filed "within thirty days" after publication of a mark for opposition in the PTO's Official Gazette. The PTO treats this statutory time limitation as non-negotiable and non-waivable. Suppose, then, a problematic mark with ITU basis is published for opposition but goes unnoticed until the opposition period has expired. What avenues remain available to express complaints to the PTO about the now-unopposable mark?