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USPTO Announces Prioritization of COVID-19-Related Trademark Applications
Practical Law Legal Update w-026-0666 (Approx. 3 pages)
USPTO Announces Prioritization of COVID-19-Related Trademark Applications
by Practical Law Intellectual Property & Technology
| Published on 16 Jun 2020 • USA (National/Federal) |
The US Patent and Trademark Office (USPTO) announced that it is accepting, and waiving the fee for, petitions to advance the initial examination of trademark applications for certain COVID-19 medical products and services.
On June 15, 2020, the USPTO announced that it is accepting, and waiving the fee for, petitions to advance the initial examination of applications for trademarks used to identify certain COVID-19 medical products and services (see USPTO: Relief Available to Trademark and Service Mark Applicants in View of the COVID-19 Outbreak: Petitions to Prioritize the Initial Examination of Certain Applications).
To qualify for the advanced examination procedure, applicants must seek registration for a mark for:
- Pharmaceutical products or medical devices that prevent, diagnose, treat, or cure COVID-19 and are subject to approval by the US Food and Drug Administration, such as:
- diagnostic tests;
- ventilators; and
- personal protective equipment.
- Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19.The application may also include additional, related, goods or services.
After filing a qualifying application, applicants should file a petition to the Director under 37 C.F.R. 2.146(a)(3):
- Seeking to advance the initial examination of the application out of regular order.
- Accompanied by an affidavit or declaration explaining how the application's goods or services are related to COVID-19.
- Through the Trademark Electronic Application System (TEAS).
If the petition is granted, the application will be assigned to an examining attorney for review immediately, which should expedite examination by approximately two months.