COVID-19 Prioritized Examination Program for certain trademark and service mark applications

Examination ProgramThe United States Patent and Trademark Office (USPTO) is starting a new COVID-19 prioritized examination program for certain trademark and service mark applications. USPTO will accept petitions to advance the initial examination of applications for marks used to identify qualifying COVID-19 medical products and services.

In order to qualify for the new program, an applicant must first file the trademark application and then file a petition to the Director. The petition must include the application serial number through the Trademark Electronic Application System (“TEAS”).

There are certain requirements for the petitions. They must include a statement of facts with a supporting declaration and the application must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical or medical research service for the prevention and/or treatment of COVID-19. The USPTO will waive the fee for such petitions.

Qualifying goods and services include:

– 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”; and

– medical services or medical research for the prevention, diagnosis, treatment of, or cure for COVID-19.

More information HERE.

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