TMEP 1603.01: Notification and Printing of Mark in Official Gazette

October 2017 Edition of the TMEP

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1603.01    Notification and Printing of Mark in Official Gazette

If the affidavit or declaration claiming the benefits of the Act of 1946 is acceptable, the mark and accompanying notice of the claim of benefits of the 1946 Act are printed in the Official Gazetteunder the heading "Registrations Published Under Sec. 12(c)." 37 C.F.R. §2.154.  The USPTO notifies the registrant of the printing of the mark in the Official Gazette, and also informs the registrant of the requirement for filing affidavits or declarations of use or excusable nonuse under 15 U.S.C. §1058. 37 C.F.R. §2.155.

If an affidavit or declaration claiming the benefits of the Act of 1946 is unacceptable, the USPTO notifies the registrant of the defect.

These marks are not subject to opposition on their appearance in the Official Gazette. 37 C.F.R. §2.156.