COVID-19 and Your Trademark

The coronavirus has penetrated nearly every aspect of our lives and the world of trademarks is not immune.

You can read the entirety of the USPTO’s message here: https://www.uspto.gov/coronavirus

Practically speaking, the pandemic shouldn’t affect the average trademark application filer. While all of the USPTO offices are closed to the public, employees are still going to work. “Unless otherwise notified, USPTO operations will continue without interruption. Patent and trademark application deadlines and other deadlines are not extended.”

Now when it comes to fees, the only fees being waived, as of now, relate to the petitions.

So, if you have an ABANDONED application OR a CANCELLED/EXPIRED registration and the failure to respond was related to the COVID-19 outbreak, “the USPTO will waive the petition fee.”

“If the applicant or registrant did not receive a notice of abandonment or cancellation, the petition must be filed not later than six months after the date the trademark electronic records system indicates that the application is abandoned or the registration is canceled/expired.”

“In all cases, the petition must include a statement explaining how the failure to respond to the Office communication was due to the effects of the Coronavirus outbreak.”

You can read the entire notice here: https://www.uspto.gov/sites/default/files/documents/coronavirus_relief_ognotice_03162020.pdf

Now, there are NO waiver or extensions of dates or requirements for the following:

“(1) the 36-month period set forth in 15 U.S.C. § 105l(d) within which a statement of use must be filed and the associated fee(s);” aka EXTENSIONS & the STATEMENT OF USE

“(2) the periods set forth in 15 U.S.C. §§ 1058, 114 l(k) for filing affidavits of continued use or excusable nonuse and the associated fee(s);” aka the Section 8

“(3) the period set forth in 15 U.S.C. § 1059 for filing a renewal and the associated fee(s);” aka the Section 9

“(4) the periods set forth in 15 U.S.C. §§ 1063 and 1064 for filing an opposition or cancellation proceeding at the Trademark Trial and Appeal Board” aka if this applies to you, an attorney is helping you

Now with anything related to the coronavirus, this is subject to change at a moment’s notice. If you’re not sure if any of this applies to your unique situation, give us a ring at 800-776-0530 or email us staff at tmexpress dot com