Except it's filed by the opposer and served on the applicant. The memo also says the applicant hasn't signed the dismissal. I never did any trademark law so maybe this is just some weird form of filing. If the applicant had settled, though, I would have expected that counsel to file the dismissal.
Oh shit!
There are more pages, I only saw the first page.
Admittedly I do not know much about patent or trademark law. So the Opposer, the Indians, are filing an abandonment application on behalf of the Applicants, the lady.
However, they don't have her signature. So they have 20 days to get her to sign off on it. If the paralegal's interpretation of the law is correct, without her signature the Indians' application will be rejected. But this interpretation could be wrong.
In other words,
the Indians are claiming that her trademark claim has lapsed due to lack of use, or abandonment. An adverse application.
In trademark law, an abandonment claim argues that the trademark lapsed from a lack of use. That she sat on it for X number of years without ever exercising it. If abandoned, the Indians can claim it as their own and use it by filing their own trademark claim.
That she did not sign off on it may mean she is fighting this claim.
Or, they've come to an agreement, and for some reason they are filing an abandonment claim instead of her signing over the rights.
My question is that with this notice, if she fails to respond to the abandonment claim, will the Court rule in favor of the abandonment claim?
This is weird.