Legal Alert

New Pilot Program Announced for Expediting COVID-19 Related Trademark Review

by the Trademarks and Copyrights Group
June 17, 2020

On June 15, 2020, the United States Patent and Trademark Office (USPTO) announced the creation of a second COVID-19 Prioritized Examination Pilot Program, this time for COVID-19 related trademark and service mark applications. Under this program, once an applicant files a trademark or service mark application for COVID-19 related products or services, they can request an expedited review of the application. The USPTO will waive the fees for the petition requesting expedited review. If the petition is granted, the application will be sent to an examining attorney and reviewed promptly, shortening the initial trademark review process by approximately two months.

To qualify for the program, the application must be for:

1) Pharmaceutical products or medical devices that are subject to approval by the U.S. Food and Drug Administration (FDA) for use in the prevention, diagnosis, treatment and/or cure of COVID-19, such as diagnostic tests, ventilators, and personal protective equipment.

2) Medical services or medical research services for the prevention, diagnosis, treatment, and/or cure of COVID-19.

Applicants can begin requesting expedited notice effective immediately. The USPTO will be monitoring the program, and will notify the public if there are any changes to the program. If you are interested in this new pilot program, or have any questions, please reach out to our team. In addition, please see the USPTO’s press release for more information about the program.

Copyright © 2020 by Ballard Spahr LLP.
(No claim to original U.S. government material.)

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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.

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