The USPTO recently announced a new COVID-19 prioritized examination program for certain trademark and service mark applications…
The U.S. Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and service mark applications. It is available for products that are subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 and for medical or medical research service for the prevention and/or treatment of COVID-19.
“Inventors and entrepreneurs are working around the clock to develop products that will help prevent, diagnose, treat, or cure COVID-19,” Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO said in a press statement. “Accelerating initial examination of COVID-19-related trademark applications for these products, as well as service mark applications for medical and medical research services, will help to bring important and possibly life-saving treatments to market more quickly.”
Eligibility for this Prioritized Examination Program
Typically, the USPTO examines trademark applications in the order that they are received. However, there are procedures where an applicant may request that the initial application be advanced out of turn when special circumstances exist. Under 37 C.F.R. § 2.146(a)(3), an applicant may file a petition to the Director of the USPTO to have the Director exercise supervisory authority to advance the initial application out of its regular order.
In response to the COVID-19 outbreak, the USPTO will accept petitions to advance the initial examination of applications for marks used to identify qualifying COVID-19 medical products and services. Additionally, the agency will waive the fee for such petitions.
As set forth in the USPTO Notice, to qualify for fast-track examination, goods and services must consist of: (i) “pharmaceutical products or medical devices such as diagnostic tests, ventilators, and personal protective equipment, including surgical masks, face shields, gowns, and gloves, that prevent, diagnose, treat or cure COVID-19 and are subject to approval by the United States Food and Drug Administration”; or (ii) “medical services or medical research for the prevention, diagnosis, treatment of, or cure for COVID-19.”
The FDA approvals for the pharmaceutical products or medical devices may include an Investigational New Drug application, an Investigational Device Exemption, a New Drug Application, a Biologics License Application, a Premarket Approval, or an Emergency Use Authorization.
How to Take Advantage of Accelerated Trademark Examination
Our attorneys can assist trademark applicants with this process. To seek expedited examination, applicants must first file a trademark application. The next step is to file a petition to the Director that includes the newly assigned application serial number. The application and petition must be filed through the Trademark Electronic Application System (TEAS). The petition must include a statement of facts with a supporting affidavit or declaration pursuant to 37 C.F.R. § 2.20. This statement must detail the applicant’s COVID-19 medical goods or services associated with the subject mark and also explain why the goods or services qualify for prioritized examination.
The USPTO began accepting petitions for fast-track examination on June 16, 2020. According to the USPTO, it plans to monitor the workload and resources needed to administer the program, and the effectiveness of the program. If the USPTO determines that modifications are needed or decides that it will no longer grant petitions for prioritized examination, it will notify the public before taking action.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
No Aspect of the advertisement has been approved by the Supreme Court.
Results may vary depending on your particular facts and legal
circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
