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LSDefine

Simple English definitions for legal terms

blackout period

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A quick definition of blackout period:

Blackout period: A time when someone who wants to register a trademark can't make any changes to their application. This happens after the application is approved but before it's officially allowed. During this time, the person can't say they're using the trademark yet or make any other big changes to their application.

A more thorough explanation:

A blackout period is a term used in trademarks. It refers to the time between the approval of an intent-to-use application by the examining attorney for publication in the Official Gazette and the issuance of a notice of allowance after publication. During this period, the applicant is not allowed to make any substantive amendment to the application or file a statement of use.

Let's say a company has filed an intent-to-use application for a trademark. The examining attorney approves the application for publication in the Official Gazette. However, before the notice of allowance is issued, there is a blackout period during which the applicant cannot make any changes to the application or file a statement of use.

During the blackout period, the applicant cannot add or remove any goods or services from the application. They also cannot change the description of the goods or services or the trademark itself. The purpose of the blackout period is to ensure that the trademark application process is fair and transparent for all applicants.

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