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If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette.
The USPTO will send a Notice of Publication to the applicant stating the date of publication. Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose.
If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use, or on a foreign registration under §44, or a Notice of Allowance will issue for intent-to-use applications.
Industry:Legal services
from Public PAIR/IFW - designates the point in time when an amendment is received in the Office and the paper scanning process may be started at the USPTO; does not indicate whether scanning has actually started.
Industry:Legal services
if two or more independent and distinct inventions are claimed in a single application, the examiner may require the applicant to elect (designate) a single invention to which the claims will be restricted (limited to). This requirement is known as a requirement for restriction (also known as a requirement for division). Such requirement will normally be made before any action on the merits; however, it may be made at any time before final action (final rejection). (-- see 37 CFR § 1.141 and § 1.142)
Industry:Legal services
In the 46 years prior to the Great Fire of 1836, the United States government had issued about 10,000 patents. Most of these could never be revived again, but Congress acted to restore those records that could be reconstructed from private files and reproduce models which were deemed critical. Patents whose records were not restored were cancelled. There were a total of 2,845 patents restored, most of which were eventually given a number beginning with "X". All patents after the date of the establishment of the Patent Office in July 1836 were numbered as a new series (without the X), beginning with a new Patent No. 1 to John Ruggles. A small number of the new series patents had been destroyed in the Great Fire but they were quickly recovered from their owners' records. X files bear numbers that range from X000001 to X011280. X0000001 is the first patent, issued to Samuel Hopkins in 1790.
Industry:Legal services
ITU - refers to the intent-to-use filing basis provided for in Trademark Act Section 1(b), 15 U.S.C. 1051(b). Applicants who have not yet used (in commerce that can be regulated by Congress) the mark they wish to register may file a trademark application under this filing basis. An "intent to use" application must include a sworn statement (usually in the form of a declaration) that applicants have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the trademark application form for registration. The applicant or a person authorized to sign on behalf of the applicant must sign the declaration.
Applicants who file based on "intent to use" must begin actual use of the mark in commerce and file an Allegation of Use before the USPTO will register the mark. See definitions of "Amendment to Allege Use" and "Statement of Use". There is an additional filing fee for the Allegation of Use.
Industry:Legal services
NOA - a written notification from the USPTO that a specific mark has survived the opposition period following publication in the Official Gazette, and has consequently been allowed for registration. It does not mean that the mark has registered yet. Receiving a notice of allowance is another step on the way to registration.
Notices of allowance are only issued for applications that have been filed based on "intent to use". The notice of allowance is important because the issue date of the Notice of Allowance establishes the due date for filing a statement of use. After receiving the Notice of Allowance, the applicant must file a statement of use or a request for an extension of time to file a statement of use within 6 months from the issue date of the notice. If the applicant fails to timely file a statement of use or a request for an extension of time to file a statement of use, the application will be abandoned.
Industry:Legal services
Official Gazette eOG:T - weekly publication of the USPTO that includes marks that have been published for opposition. The five most recent issues are available online.
Industry:Legal services
one type of depiction of the mark sought to be registered. Another name for this type of mark is “special form.” If the mark includes a particular style of lettering, or a design or logo, the mark is considered to be stylized or in special form. Therefore, applicants must select the "stylized or special form" mark format when applying for these types of marks. The representation of the mark's page should show a black and white image of the mark, no larger than 3.5 inches by 3.5 inches (8 cm by 8 cm). The mark in special form must be a substantially exact representation of the mark as it appears on the specimen or on the foreign registration, as appropriate.
Industry:Legal services
Original is used in the patent statute and rules to refer to an application which is not a reissue application. An original application may be a first filing or a continuing application.
provides secure access for customers who want to view current patent application status electronically via the Internet
Industry:Legal services
secondary trademark register for the USPTO. It allows for registration of certain marks that are not eligible for registration on the Principal Register, but are capable of distinguishing an applicant’s goods or services. Marks registered on the Supplemental Register receive protection from conflicting marks and other protections, but are excluded from receiving the advantages of certain sections of the Trademark Act of 1946. The excluded sections are listed in 15 U.S.C. §1094.
If the applicant seeks registration on the Supplemental Register, the application should state that registration is requested on the Supplemental Register. If no register is specified, the Office will presume that the applicant seeks registration on the Principal Register. To register a mark on the Supplemental Register, applicants must either be using the mark or filing under Trademark Act Section 44 based on a foreign registration.
Industry:Legal services
