Quick Summary

What Does "Notice of Publication" Mean For Trademarks?

What Does "Notice of Publication" Mean For Trademarks?

A Notice of Publication is a preliminary approval of a trademark. However, before it's awarded, it's published by the USPTO so that 3rd parties, including your competitors, can oppose it. If no one opposes and wins that opposition, the trademark can then be officially registered.

What Does "Notice of Publication" Mean For Trademarks?

3 min read time

We’ve had a lot of confused clients ask what a “Notice of Publication” means for their trademark. Sometimes they believe that means that their trademark is complete. Others thought that it means someone else has published their trademark and stolen from them.


Confusingly enough, it means neither of these things.


So this guide will help you better understand Notices of Publication. Enjoy.


What's a Trademark "Notice of Publication" and What Does It Mean?


A Notice of Publication is a notice that the Examiner has looked over and has (preliminarily) approved your trademark. The examiner will then publish it for opposition to the USPTO’s Official Gazette.


This notice will tell you the exact date that the USPTO will publish your trademark application to the Official Gazette.


This does NOT mean that you have been awarded your registered trademark. However, it IS a positive sign. This means that your trademark is moving forward in the process.


It isn’t a bad thing at all, it’s actually a good one (however, it’s NOT the final step).


What Does "Published For Opposition" Mean? And What Is The "Official Gazette"??


Published for Opposition means that the USPTO is publishing your trademark for all of your competitors to see. This gives your competitors (and other 3rd parties) an opportunity to contest the trademark.


Your competitors (and any other 3rd party that is interested) will be able to formally contest your trademark if they believe that they could potentially be damaged by the mark.


If they believe that your mark could damage them, then they can file an opposition. This opposition will allow the examiner to further investigate.


Oppositions are filed with the USPTO’s Trademark Trial and Appeal Board (TTAB).


How Long Does My Trademark Remain On The Official Gazette?


If your trademark application is not contested, it will remain on the Official Gazette for 30 days.


However, if it is contested, your opposition may file an extension of time. This extension gives all parties additional time to investigate the matter.


How Long Does It Take To Get A Trademark Notice of Publication?


This can vary depending on how many Office Actions you receive.


How Long If I Don't Receive An Office Action?


It would take you about 10-14 months to reach the “Notice of Publication”.


What If I Receive Office Actions (and What Are They)?


If you send your trademark application to the USPTO’s examiner, and the examiner doesn’t believe that your trademark application is ready for publication, then they will send you an “Office Action” with details of why it isn’t ready. You can either abandon the application, or rewrite the application and resubmit it in an “Office Action Response”.


This can go back and forth, and each Office Action will increase the amount of time until Notice of Publication by about 2-4 months each.


What If You Don't Receive a Notice of Publication From The USPTO?


If you don’t receive a Notice of Publication within 11,112 months of filing, then it’s likely you have received an Office Action.


If your attorney hasn’t alerted you of either an Office Action or Notice of Publication within that time frame, call them. Reach out to them and ensure there wasn’t a communication breakdown.


What Happens After The Publication Period?


If your trademark application goes uncontested, then you should receive a Notice of Allowance after the 30 day period.


If it IS contested, it may take longer to receive your Notice of Allowance. You and your attorney will have to overcome the opposition’s arguments before receiving it.


Your Notice of Allowance is essentially the USPTO telling you that your trademark has been approved. Once you receive that, all you need to do is some final paperwork to have an official registered trademark.


Conclusion

What Does "Notice of Publication" Mean For Trademarks?

What Does "Notice of Publication" Mean For Trademarks?

A Notice of Publication is a preliminary approval of a trademark. However, before it's awarded, it's published by the USPTO so that 3rd parties, including your competitors, can oppose it. If no one opposes and wins that opposition, the trademark can then be officially registered.

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