§1062 Publication

Summary

When someone files a trademark application and pays the fee, the Director sends it to an examiner who checks it. If the examiner finds the mark can be registered, or could be if a later statement of use is accepted, the Director will publish the mark in the Official Gazette. An application that claims concurrent use or must go into an interference may still be published but only while the parties’ rights are being sorted out. If the examiner says the applicant is not entitled to register, the examiner will tell the applicant why. The applicant can reply or change the application and it will be reexamined. This can repeat until the application is finally refused or abandoned. After the examiner’s notice, the applicant normally has 6 months to respond, or a shorter time set by the Director but not less than 60 days. If the applicant misses the deadline, the application is abandoned unless the Director accepts that the delay was unintentional; the Director may allow revival and charge a fee. The Director will make rules for shorter response periods and for extensions that together can total 6 months from the original notice; extension requests must be filed before the reply is due and may require a fee. Owners of marks registered under the Acts of March 3, 1881, or February 20, 1905, may, before their registration expires, pay a fee and file an affidavit saying which goods they use the mark on and that they claim the benefits of this law. The Director will publish the mark with a picture in the Official Gazette, notify the owner, and tell them about the affidavit of use or nonuse required under section 1058(b). Marks published under this part are not subject to the provisions of section 1063.