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