Once the examining attorney at the United States Patent and Trademark Office (USPTO) approves a trademark application, it is published for opposition. This is normal and happens to every trademark application, so this is not something you should be concerned with.
Publication is Good News for the Applicant
Approving a trademark application for publication is almost always a good thing since it means that the examining attorney at the USPTO found no issues that would prevent the registration of that trademark and has completed his or her examination. While there is the possibility that someone might file an opposition against the trademark application, the good news is that opposition filings are extremely rare.
Actual Publication of the Trademark Happens 30 to 60 Days After the Date the Application is Approved for Publication
The USPTO typically publishes a trademark application 30 to 60 days after the date it is approved for publication, and the publication opposition period starts on the date the application is published. During the opposition period, any interested party can file an opposition to the mark’s registration within 30 days after the date of publication.
The USPTO will extend the time period to oppose a mark’s registration once for an additional 30 days if an interested party files a request to extend within the initial 30-day period. Interested parties can file requests for extensions of time within the initial 30-day period. Interested parties can file additional requests for extensions for good cause, but the total period of all extensions cannot exceed 180 days from the date of publication.
While the USPTO does not issue notices or alerts to trademark owners, law firms typically offer paid monitoring services on behalf of their clients and will periodically check the Gazette. So, if a law firm notices that your mark is similar to one of their clients’, they might send you a cease and desist letter or file an opposition.
The Trademark will Proceed to the Final Stages of the Registration Process if No Oppositions are Filed
If no oppositions are filed, the trademark will proceed to the final stages of the registration process in about 3 to 4 months. The length of this final stage depends on how the application was filed. If the application was filed under in-use 1(a) or if the application was based on a foreign registration, the application will proceed directly to registration.
If, however, the application was filed under intent-to-use 1(b) the applicant will need to submit proof of use before the USPTO will register the trademark. The USPTO will issue a Notice of Allowance which will then require the applicant to further submit a Statement of Use within six months therefrom. The applicant can extend this deadline upon request to allow the applicant time to use the mark in commerce for all goods/services listed or deleting the ones that aren’t. This proof of use filing must be submitted before the USPTO will issue the registration number or certificate.
Get In Touch with Us if You Have Any Questions About the Publication of Your Trademark Application
If you have any questions about the publication of your trademark application, or you would like to work with a skilled an experienced U.S. licensed attorney to file a new trademark application, contact us for your free consultation. We can be reached at 1 800-651-7301, via email at email@example.com, or through our contact form below.