Some trademark applications for COVID-19-related goods/services may be fast-tracked by the USPTO

The USPTO is offering prioritized examination of trademark applications for certain COVID-19-related goods/services.

WHAT HAPPENS IF YOU RECEIVE PRIORITIZED EXAMINATION?

Basically, you jump to the head of the line. Ordinarily, you must wait months for your application to be reviewed. If you receive prioritized examination, the USPTO says your application “will immediately be assigned to an examining attorney for review."

WHO IS ELIGIBLE?

To be eligible, the applicant must identify at least one of these types of goods or services:

Goods:

“Pharmaceutical products or medical devices” that “prevent, diagnose, treat, or cure COVID-19 and are subject to approval by the United States Food and Drug Administration.”

The USPTO identifies as examples of these goods: “diagnostic tests, ventilators, and personal protective equipment” such as “surgical masks, face shields, gowns, and gloves.”

Services:

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

The application does not have to be limited to these types of goods or services. It’s okay if other goods or services are identified in the same application.

HOW CAN YOU GET IT?

Even if your goods/services meet these criteria, you will not automatically receive prioritized examination. Your application will only be fast-tracked if you submit a TEAS Petition to Director form after filing your application. In further good news, you won’t have to pay a fee for filing the TEAS Petition to Director form if you identify the reason for filing as “Request prioritized examination for COVID-19 medical-related goods/services.” If you make a mistake and pay the petition fee, don’t worry: you can contact the USPTO to request a refund.

For more details visit the USPTO’s website: https://www.uspto.gov/trademark/laws-regulations/covid-19-petition-prioritize-applications.

This information was posted in 2020 and was accurate as of the date of writing. However, the law changes frequently, and readers should not rely solely on general online information but instead should consult a licensed attorney by asking questions about their specific issues when they need legal advice.