Internet & Social Media Law Blog
Though the USPTO typically examines trademark applications in the order received, special circumstances can from time to time justify examination out of order. The USPTO has determined that the COVID-19 pandemic is such a special circumstance, recognizing the need to bring COVID-19-related medical products and services to market as quickly as possible.
Qualifying COVID-19-related goods and services include:
- Pharmaceutical products or medical devices that prevent, diagnose, treat, or cure COVID-19 and are subject to approval by the FDA.
- Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19.
To seek an expedited examination of a COVID-19-related application, an applicant must file its application and then file a petition to the Director seeking expedited examination. The USPTO is waiving filing fees for such petitions. If a petition is granted, then the application will be examined immediately, rather than the three months delay typical of regular applications. This can significantly shorten the time for a mark to be registered.
The USPTO began accepting COVID-19-related petitions for expedited examination on June 16, 2020. If you have a COVID-19 related medical product or service for which you need a trademark registered, please contact Pillsbury’s Intellectual Property department to determine the eligibility for expedited examination. Pillsbury can also assist with filing trademark applications and petitions for expedited examination.
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