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On December 27, 2020, the Trademark Modernization Act of 2020 (“TMA”) became law after it passed Congress and was signed by the President as part of the year-end Consolidated Appropriations Act for 2021. 1 With the issuance of implementing regulations for the TMA by the U.S. Patent and Trademark Office (“USPTO”) on November 17, 2021, 2 ...
- Why Is It called The “Publication Period?”
- How Long Can The Opposition Period Be Extended?
- Will The USPTO Send Notices to Other Brand Owners?
- Can The USPTO Withdraw The Approval During Publication?
- Can Someone Oppose After The Opposition period?
When the trademark system was first formed, there were no electronic databases. Trademarks that were approved by the examining attorneys were then published in a print publication, called the Official Gazette (“OG”). The OG lives on as an online databasehosted by the USPTO that is updated weekly. Nowadays, trademark applications themselves are publ...
The opposition period can be extended for 30 days for free, and for an additional 60 days for a fee. If the parties both consent, a final 60-day extension is available for an additional fee.
The USPTO does not automatically issue notices or alerts to any trademark owners. It is the responsibility of each trademark owner to monitor the USPTO database for marks that could infringe upon their rights. Law firms and other legal services providers typically offer paid monitoring services on behalf of their clients.
It is extremely rare, but the USPTO does have the authority to withdraw any approval before the trademark is registered, including during the publication period. Withdraw of approval occurs in less than .1% of applications.
Once the opposition period is over, any oppositions filed will be considered untimely. Parties can, however, file a Petition to Cancel the resulting registration within 5 years (in most cases), but it becomes harder to do so.
If we approve your application, we will publish it in the Trademarks Journal, published on a weekly basis on the CIPO website. Within two months of the advertisement, others can oppose your application. If that happens, we will wait until the matter has been settled before we continue working on your application.
- Is a trademark application right for you? Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it is important to learn whether a trademark is appropriate for you.
- Get ready to apply. Selecting a mark. Once you determine that the type of protection you need is, in fact, trademark protection, then selecting a mark is the very first step in the overall application/registration process.
- Prepare and submit your application. Set up a USPTO.gov account. To access the Trademark Electronic Application System (TEAS), you need to log in to a USPTO.gov account with two-step authentication.
- Work with the assigned USPTO examining attorney. USPTO reviews application. After the USPTO determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney.
No, certificates of recordal designated inactive due to transfer or assignment of a trademark application or registration cannot be reactivated. An assigned trademark application or registration may form the basis for a new application for recordal on the fastener insignia registry by the new owner.
Nov 9, 2023 · Learn key considerations & differences in the application process for Canadians filing U.S. trademark applications from experienced Toronto trademark lawyers.
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Dec 17, 2021 · Most of the new provisions are effective on Saturday, December 18, 2021. · One set of changes is strictly about what happens within the Trademark Office, including new steps for the...
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