If you are reading this, your trademark application has likely been approved for publication. Congratulations! This is a significant milestone in the trademark registration process.
At this stage, it is important to understand what happens next and what steps you need to take to ensure a successful trademark registration. This blog post will explore the steps you must take after your trademark application is approved for publication.
We understand that the trademark registration process can be overwhelming, but don’t worry; we are here to guide you through every step of the way. Let’s dive in and learn more about what you must do to ensure your trademark application is successfully registered.
Understanding what “approved for publication” means in the trademark application process.
When a trademark application is submitted, it goes through several stages before it can be registered. One of the most critical stages is the “approved for publication” stage.
When a trademark application is approved for publication, the trademark has met all the initial requirements set by the trademark office. It is ready to be published in the Official Gazette. The Official Gazette is a weekly publication that lists all the trademarks that have been approved for publication.
During the publication period, anyone who believes the trademark registration would damage them can file an opposition to the registration. The trademark application will be suspended until resolved if an opposition is filed.
If no opposition is filed during the publication period, the trademark application will move forward for registration. It is important to note that even if no opposition is filed during the publication period, there is still a possibility that the trademark application can be refused.
In short, “approved for publication” means that your trademark has met the initial requirements for registration and is ready to be published in the Official Gazette. During the publication period, anyone can file an opposition to the trademark registration, and if no opposition is filed, the trademark will move forward for registration.
Why is it called the “Publication Period?”
The term “publication period” refers to when a trademark application is published in the Official Gazette for public review and potential opposition.
The purpose of the publication period is to allow third parties to review and potentially oppose the registration of the trademark. During this time, anyone who believes the trademark registration would damage them can file an opposition with the trademark office.
The publication period also serves as a notice to the public that the trademark is in the process of being registered. This allows other businesses or individuals to be aware of the pending registration and take any necessary action, such as changing their own branding to avoid potential infringement issues.
Therefore, the publication period is a critical stage in the trademark registration process, as it provides an opportunity for the public to review and potentially oppose the registration of a trademark.
How long does the opposition period start after a mark is “Approved for Publication”?
In most countries, the opposition period starts immediately after the trademark is approved for publication.
For example, in the United States, the opposition period starts when the mark is published in the Official Gazette. The opposition period lasts 30 days, during which time any interested party can file an opposition to the trademark registration.
In some countries, such as Canada and Australia, the opposition period starts two months after the mark is approved for publication. In the European Union, the opposition period starts three months after the mark is published in the Official Journal.
It’s important to note that the duration of the opposition period can vary depending on the jurisdiction and the specific rules and regulations governing trademark registration. Therefore, it’s essential to consult with a trademark attorney or agent familiar with the local laws and practices to ensure that all necessary steps are taken during the opposition period.
How long can the opposition period be extended?
The length of the opposition period can be extended varies depending on the jurisdiction and the specific rules governing the opposition process.
The opposition period cannot be extended in some countries, such as the United States. However, in other countries, such as Canada and Australia, the opposition period can be extended for an additional period if certain conditions are met.
For example, in Canada, a party can request an extension of time to file an opposition by filing a request with the Canadian Intellectual Property Office (CIPO) and paying a fee. The request must be made within the initial opposition period, and the maximum extension allowed is an additional two months.
In the European Union, the opposition period can be extended for an additional two months if the opponent can demonstrate that exceptional circumstances prevented them from filing an opposition within the initial three-month period.
It’s important to note that any extensions to the opposition period must be requested within the specified timeframes and under the conditions set out by the relevant trademark office. Failure to meet these requirements can result in the loss of the opportunity to file an opposition.
Can the USPTO withdraw the approval during publication?
Yes, the USPTO (United States Patent and Trademark Office) can withdraw the approval of a trademark application during publication if the application does not meet certain requirements.
For example, if the USPTO discovers that the mark is confusingly similar to an existing trademark, it may withdraw the approval of the application. Similarly, if the USPTO discovers the application contains inaccurate or false information, it may withdraw the approval.
If the USPTO withdraws the approval of a trademark application during publication, it will notify the applicant, explaining the reasons for the withdrawal. The applicant will then have the opportunity to respond and address any issues that led to the withdrawal of the approval.
It’s important to note that the withdrawal of approval can delay the registration of the trademark and may require additional action by the applicant to resolve any issues. Therefore, it’s essential to ensure that all the information provided in the trademark application is accurate and that the mark does not conflict with any existing trademarks before applying.
Protect Your Brand with Expert Trademark Assistance
Having your trademark application approved for publication is a significant step in the trademark registration process. However, it’s important to remember that the publication period is a critical time when potential oppositions can be filed against the registration of your trademark. This is why it’s important to have expert trademark assistance from a reputable IP law firm like Brealant Ltd.
At Brealant Ltd, our team of experienced attorneys specializes in all aspects of trademark law, from conducting thorough trademark searches to drafting and filing trademark applications and responding to office actions. We are committed to helping our clients protect their intellectual property and safeguard their brands in an ever-changing marketplace.
Our comprehensive approach to trademark protection ensures that our clients have the best possible chance of obtaining and maintaining their trademark registrations. With our assistance, you can confidently and confidently navigate the trademark registration process.
So, if you’re ready to protect your brand and ensure the success of your business, contact Brealant Ltd today for expert trademark assistance.