COVID-19 Product Trademark Registrations: Protect Your Brand While You Protect Everyone Else
The US Patent and Trademark Office (USPTO) is now accepting applications for trademark registration for qualifying medical products and services related to the COVID-19 outbreak on an accelerated basis.
Petitions for qualifying products will be "advanced" through the typical process, which otherwise takes approximately a year to complete under normal circumstances.
To be "advanced" means that your application for registration of a trademark for a COVID-19-related product or service will be viewed out of turn from other applications.
If the petition is granted, the process will be expedited by approximately 2 months.
Additionally, the USPTO is waiving the filing fees for COVID-related petitions. (Typically, the cost for a TEAS Standard trademark registration application is $275.00 per International Class.)
As noted, this application advancement is permitted by petition, which means that you have to "apply to apply."
If the petition is not granted, you would be required to pay the requisite filing fees and your trademark registration application would proceed through the process normally, without any favored status.
COVID-Related Trademark Registration: What Is a Qualified Product or Service?
Petitions are to be granted to those applications for trademark registration for "qualified" COVID-19-related products or service.
What does this mean?
A "qualified" product or service is medical in nature and must be:
- A pharmaceutical product or device, such as a diagnostic test, ventilator, or personal protective equipment (surgical masks, face shields, gowns, gloves, etc., that prevent, diagnose, treat, or cure COVID-19, subject to approval of the US FDA);
- A medical service or research service for the prevention, cure diagnosis, treatment, or cure of COVID-19.
Trademark Registration for COVID-19 Products or Services: The Bottom Line
The bottom line is that, to fully explore this option and maximize the odds of success for your trademark registration application, it is highly advisable that you retain an experienced trademark registration attorney to assist you.
The USPTO has made it clear that, to further increase the speed with which your petition for advancement of an application for a qualified product or service, all deadlines need to be promptly met. An attorney will ensure that this happens for you.
The Hilla Law Firm provides trademark registration to clients nationwide and offers virtual consultation appointments.