TMEP 1502: Publication in Trademark Official Gazette

October 2017 Edition of the TMEP

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1502    Publication in Trademark Official Gazette

After examination of an application is completed and the examining attorney determines that the mark is entitled to registration on the Principal Register, the mark is published in the Official Gazetteof the USPTO for opposition. 15 U.S.C. §106237 C.F.R. §2.80.  Any notice of opposition must be filed within thirty days after the date of publication, or within an extension of time granted by the Board for filing an opposition. 15 U.S.C. §1063(a)37 C.F.R. §2.101(c); TMEP §1503.03.  See TMEP §1503.01 for further information about filing a notice of opposition.

Marks that are found to be registrable on the Supplemental Register are registered when printed in the Official Gazette.  Marks registered on the Supplemental Register cannot be opposed, but are subject to cancellation under 15 U.S.C. §1064. 15 U.S.C. §1094.

In addition, marks registered on the Principal Register under the intent-to-use provisions of §1(d) of the Act are printed in the Official Gazette on the date of issuance of the registration.  These marks were previously published for opposition, and are not subject to opposition again.  See TMEP §1105 regarding the publication of intent-to-use applications for opposition.