Trademark Blog

COVID-Related Trademark Applications Prioritized by the USPTO

covid trademark

Image by Christo Anestev from Pixabay

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. 

Contact Attorney John Hilla and The Hilla Law Firm here to schedule a free, initial consultation. 

The Hilla Law Firm provides trademark registration to clients nationwide and offers virtual consultation appointments. 

Can I Use An Abandoned Trademark?

Michigan Trademark Attorney - The fact that a Federal trademark registration has been abandoned or is listed as dead in the USPTO TESS database does not necessarily mean it is available for your use. Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark registration. Affordable flat fees, virtual consultations.

Detroit Trademark Attorneys: Can I Use a Celebrity Name In My Trademark?

Detroit Trademark Attorneys - You cannot use a celebrity's name or image in your proposed trademark without that celebrity's express authorization. The USPTO trademark application form requires it—and the celebrity owns his or her own "right of publicity." Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark application. Affordable flat fees and virtual consultations.

Trademark Attorney: What Is the Difference Between Trademark and Patent and Copyright Law?

The key difference between trademark, copyright, and patent law is in the subject-matter of the Federal protection involved. Federal Patent and Copyright Registration protects the design or work of the creator whereas a Trademark Registration protects consumers' right to know what they are buying and from whom. The Hilla Law Firm represents Trademark clients across the US. Call now to schedule a free, virtual Trademark Registration consultation: (734) 743-1489.

How Do I Register a Trademark for my Cosmetics Brand?

Registering a Federal trademark for a cosmetics brand or product requires that the name or logo uniquely identify the source of the product to consumers. The Hilla Law Firm will walk you through the registration process start-to-finish with maximum customer service and affordable flat fees. (734) 743-1489.

What Is a Trademark Application Descriptiveness Refusal?

Michigan Trademark Attorneys: A name or logo that merely describes the goods or services it identifies to consumers is not eligible for trademark registration. The Hilla Law Firm, PLLC will assist with your Federal trademark registration at an affordable flat rate. Premium customer services, virtual consultations. (734) 743-1489.

Can I Register My Band Name as a Trademark Even If It Is Offensive?

Detroit Michigan Trademark Attorney - A band or rapper or musician's name can be registered as a trademark even if offensive so long as it meets the other criteria for registration. The Hilla Law Firm specializes in helping bands and musicians protect their brands. Affordable flat fees. (734) 743-1489.

How Do I Register a Trademark for a Board Game?

Trademark Attorneys - To be registered as a Federal trademark, a board game name or logo must uniquely identify the product to consumers. The Hilla Law Firm will assist you in registering your Federal boardgame trademark with friendly service, virtual consultations, and affordable flat fees. (734) 743-1489.
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