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Focus Area: Coronavirus/COVID-19

Prioritized Examination for Trademark Applications

Yesterday, June 15, 2020, the USPTO announced a new COVID-19 prioritized examination program for certain trademark and service mark applications. 

Under the program, the initial examination of an application for a trademark or service mark used to identify qualifying COVID-19 medical products and services can be accelerated, that is, advanced “out of turn” by the filing of a petition after the application is filed.  In addition, the USPTO is waiving the fee for the petition.  While prioritized examination, quickly advances the initial examination of an application, and the pendency of the application can be further expedited by prompt action by an applicant to any USPTO action, prioritized examination does not alter the required thirty (30) day publication period following allowance of the application by an examiner.

To qualify, the trademark or service mark application must cover a product that is subject to U.S. FDA approval for use in the prevention and/or treatment of COVID-19 or a medical or medical research service for the prevention and/or treatment of COVID-19.

For more details, the notice is available here.

DISCLAIMER: The information provided is for general informational purposes only. This post is not updated to account for changes in the law and should not be considered tax or legal advice. This article is not intended to create an attorney-client relationship. You should consult with legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.

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