Publication for Opposition (See also 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. A postcard or email is sent to the applicant (or representative) after the mark is approved for registration. A sample of the email Notice of Publication is shown:


Document Description: Notice of Publication
      Mail / Create Date: 05-Jan-2010

From: TMOfficialNotices@USPTO.GOV

Sent: Tuesday, January 5, 2010 00:28 AM

To: XXXXXX.com

Subject: Official USPTO Notice of Publication: Serial Number XXXXXXX


NOTICE OF PUBLICATION


Serial Number:   77-XXX,XXX
Mark: XXXX (STANDARD CHARACTER MARK)
International Class(es):   XXX
Applicant:  XXXXXXXX
Attorney Reference Number:  XXXXXXX


The mark identified above has been published in the Trademark Official Gazette (OG) on Jan 05, 2010.  Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board.   If no party files an opposition or extension request within thirty (30) days after the publication date, then within twelve (12) weeks of the publication date a certificate of registration should issue.


On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the OG for accuracy (see steps, below).   If any information is incorrect, the applicant should immediately email the requested correction to TMPostPubQuery@uspto.gov.  For general information about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.


1. Click on the following link or paste the URL into an internet browser: http://www.uspto.gov/web/trademarks/tmog/20100105_OG.pdf#page=1
2. Wait for the total OG to upload completely (as indicated on bottom of OG page).
3. At the top/side of the displayed page, click wherever the "binoculars" icon appears.
4. Enter in the "search" box the name of the applicant (for individual: last name, first name) or the serial number in this exact format (with hyphen and comma): 77-XXX,XXX, e.g.
5. View the retrieved result(s).   If multiple results appear in the "results" box, click directly on each "search term" shown in the box to access all separate appearances in the OG.



 If a prior owner of a mark believes that a mark published for opposition (or listed on the USPTO site) infringes their prior rights, 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. See ConflictingMarks.com for more information. 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 or http://merelydescriptive.com/merelydescriptiveoppositions.html for more information on oppositions and who has the right to file a petition for opposition of a trademark application.

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.


Filling out the trademark registration form is just one step of a process for achieving A Strong Trademark through registration. Not Just Patents® Legal Services does NOT take the position that following quick easy instructions or SAME DAY SERVICE will actually result in a strong trademark registration. We hear from people who have filed themselves or used a filing service and have found that the trademark search the service performed did not find the trademarks that the trademark examiner found and their marks were refused or that the trademark filing service gave them bad information about the likelihood of refusal. A federal registration on the Principal Register is not just a certificate of use that is obtained by filling out a form and paying fees, it is a property right (once granted) establishing not only legal rights but also legal liabilities if the mark is not properly verified for potential infringement or potential loss of rights if the mark obtained is not actually supported by valid use.


Call us with questions at (651) 500-7590. Building equity in your business can start with a strong trademark. Many potential trademark owners find that someone else is already using the name that they want to use or have already starting using. Call us and ask us what we can do to help. Better yet, call us as soon as you start thinking of names. We can help you pick strong marks and verify they are good marks. See Why Should I Have A Trademark Attorney Answer My Office Action if you have already applied and been refused.

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Merely Descriptive Trademarks  

Merely Descriptive Refusals

ID of Goods and Services see also Headings (list) of International Trademark Classes

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Counterclaims and Affirmative Defenses


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