Expedited Examination for Certain COVID-19 Related TrademarksJune 23, 2020

As a part of the USPTO’s ongoing effort to support innovation of life-saving treatments during the COVID-19 pandemic, the USPTO recently announced a new prioritized trademark examination program for trademark applications covering certain COVID-19 related products and services. The new process will fast track these trademark applications and save two plus months of the standard examination timeline.

Eligible applications covering one or more of the following medical goods or services will qualify for this program:

  • 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 Administrations; and
  • Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19.

To request this expedited treatment, applicant must file the trademark application and then file a Petition to the Director for expedited examination identifying the newly assigned serial number for the application. Applicants are advised to take affirmative steps to move examination along as quickly as possible by responding promptly to office actions, emails, and phone calls from the USPTO. The idea is that this will make it possible for a trademark application to move from application to registration in four-to-six months for these COVID-19 related products and services.

Christine Lebron-Dykeman is the head of MVS’s Trademark Department. Christine specializes in national and international trademark protection and intellectual property litigation. You can reach her at christine.lebron-dykeman@ipmvs.com.

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