T.M.E.P. § 1502
Publication in Trademark Official Gazette

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

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1502 Publication in Trademark Official Gazette

After examination of an application is completed and the examining attorney determines that the mark is entitled to registration on the Principal Register, the mark is published in the Official Gazette of the United States Patent and Trademark Office for opposition. 15 U.S.C. 1062; 37 C.F.R. 2.80. Any notice of opposition must be filed within thirty days after the date of publication or within an extension of time granted by the Trademark Trial and Appeal Board for filing an opposition. 15 U.S.C. 1063; 37 C.F.R. 2.101(c); TMEP §1503.03. See 37 C.F.R. §§2.197 and 2.198 and TMEP §§305.02 , 305.03 and 306.05 et seq. regarding certificate of mailing, certificate of transmission and "Express Mail" procedures to avoid lateness.

Marks that are found to be registrable on the Supplemental Register are registered when printed in the Official Gazette. Marks registered on the Supplemental Register cannot be opposed, but are subject to cancellation under 15 U.S.C. 1064. 15 U.S.C. 1094.

In addition, marks registered on the Principal Register under the intent-to-use provisions of §1(d) of the Act are printed in the Official Gazette on the date of issuance of the registration. These marks were previously published for opposition, and are not subject to opposition again. See TMEP §1105 regarding the publication of intent-to-use applications for opposition.