The Official Gazette is a publication — now online — issued by the US Patent and Trademark Office (USPTO). The Official Gazette is used by the Trademark Office to publish proposed trademarks “to the world” so that other trademark owners — and/or others — might oppose the registration of the proposed trademark. This is called “publishing for opposition.” Publishing for opposition comes toward the later end of the registration process. Publication is for 30 days, and the purpose, as noted, is to allow other trademark owners to oppose the registration. The most common reason that an opposition is filed is that the proposed trademark is — allegedly — the same as or confusingly similar to an existing trademark. In theory, the USPTO has already researched the question of “same-as-or-confusingly-similar” and has determined that the proposed trademark does not violate that rule. A proposed trademark will not be published for opposition if the USPTO believes that the trademark is the same as or confusingly similar to another trademark. However, an opposition can be filed to challenge the USPTO’s determination.
Although it is less common, a trademark opposition can be filed by any other person or third party that claims that they might be damaged by the proposed trademark. For example, an opposition could be filed by a party who has a pending application for trademark registration, by a party that believes his or her likeness is being used without permission, or by an association or group seeking to defend a certification mark (like Idaho potato farmers).
The time for filing an opposition begins with the first publication. The Official Gazette is published weekly (so a proposed trademark will be published about four times). The deadline for filing an opposition is 30 days (although extensions can be granted by the Trademark Office). An opposition is initiated by filing written papers with the USPTO.
From the above, we can see the “when” and the “why” of checking the Official Gazette. A party who is seeking trademark registration must begin checking the Official Gazette at about the time that the application is filed. An applicant will receive notice from the Trademark Office when its trademark is published for opposition. So, this is not the purpose of beginning to check the Official Gazette. Rather, the purpose is to confirm that — while an application is being processed — no other pending trademark applications will be in conflict with the proposed trademark.
After a trademark is registered, it can be seen that it is crucial to begin checking the Official Gazette on at least a monthly basis. The purpose is to discover any trademark that might be the same as or confusingly similar to your trademark. The Official Gazette will show the proposed mark — in color — including words, phrases, and the design. The Official Gazette will also identify the trademark Class of goods and/or services with which the proposed trademark will be associated. Checking the Official Gazette is one of the most important tasks needed to “police” and protect your registered trademark from infringement.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
