Publication for Opposition

(or Published for Opposition)

“If the examining attorney raises no objections to registration [on the Principal Register], or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO. . . . Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board [TTAB], a USPTO administrative tribunal. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use, or a Notice of Allowance will issue for intent-to-use applications.” http://www.uspto.gov/web/offices/tac/doc/basic/afterapp.htm.


Marks that have been approved for the Principal Register are published in the Trademark Official Gazette. An email or a postcard is sent to the applicant (or representative) after the mark is approved for registration. A sample of the postcard is shown below. (Sorry it is fuzzy!)








 










If a prior owner of a mark believes that a mark published for opposition (or listed on the USPTO site) infringes their prior rights (has standing), the prior owner may use this 30-day window to file an opposition. If this window has passed, a prior owner may petition to cancel a registration. One ground for cancellation comes from Section 2(d) of the Trademark Act, where petitioner alleges that respondent’s mark, when used in connection with respondent’s goods, so resembles petitioner’s previously used and registered mark is to be likely to cause confusion. Dilution is also or cause for cancellation under ‘‘Trademark Amendments Act of 1999’’.SEC. 2. Dilution as a Grounds for Opposition and Cancellation. See Grounds for Opposition for more information on who can oppose (or cancel) a registration and on what grounds.

Marks that are approved for the Supplemental Register cannot be opposed but can be canceled. Supplemental Registrations are not published for opposition but are published only as Certificates of Registration.


Certificate of  Registration or Notice of Allowance

“If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, and no party files an opposition or request to extend the time to oppose, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.

If the mark is published based upon the applicant's bona fide intention to use the mark in commerce, the USPTO will issue a NOTICE OF ALLOWANCE about twelve (12) weeks after the date the mark was published, if no party files either an opposition or request to extend the time to oppose. The applicant then has six (6) months from the date of the NOTICE OF ALLOWANCE to either:

    * use the mark in commerce and submit a STATEMENT OF USE; or

    * request a six-month extension of time to file a statement of use.”

http://www.uspto.gov/web/offices/tac/doc/basic/afterapp.htm


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