You might be wondering what the Official Gazette is and why you should care.
The Trademark Official Gazette is a weekly publication of the United States Patent and Trademark Office (USPTO) where newly registered trademarks are published. Once a trademark application has been examined by a USPTO examining attorney and is found to be entitled to registration, it is published for opposition in the Official Gazette of the USPTO.
The Official Gazette provides actual notice to anyone who believes they would be damaged by the registration of a published mark, and provides you with an opportunity to challenge the proposed registration. Anyone who believes that the registering party’s use of the mark might damage them has 30 days to file an opposition to the registration. Once an opposition is filed, the registering party will be informed and then must fight to maintain the registration or abandon the trademark. If no oppositions are filed, or if any opposition is successfully overcome, the application will proceed to registration.
However, the Official Gazette was not as user friendly as it could be for searching the published marks. In response, the USPTO has just released a new, easily searchable, format of the Trademark Official Gazette (TMOG), available at tmog.uspto.gov/.
Another improvement that will be available later this year is that the TMOG will be able to be downloaded in XML tagged format.
This will make it easier for any watch services or individuals to research the trademarks that have been published for opposition and protect their valuable trademarks from confusingly similar marks that may have been missed during the examination.
How Can I Help?
If you, or someone you know, have a trademark that has been opposed, or need help with any trademark issue, or just need advice regarding how best to protect your inventions, ideas or your brand, please contact me for a free 30 minute consultation at firstname.lastname@example.org or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.
– Ex astris, scientia –
I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +