USPTO Changes the Method of Issuance and Content of Notices of Publication in Trademark Applications

On October 6, 2009, the USPTO will begin sending electronic Notices of Publication to trademark applicants who have authorized e-mail communication with the USPTO. The new emailed Notices of Publication will contain the same information as the updated Notices of Publication sent via mail in other cases, but will have clickable hyperlinks to allow applicants to access the Trademark Official Gazette (OG).

All Notices of Publication, including those sent on paper and post cards, will now invite applicants to review the publication information contained in the OG and take the appropriate steps to correct any inaccurate information prior to registration or the issuance of a Notice of Allowance.

Notices of Publication issued by email will be sent on the publication date. This is a change from the current practice where the notices are mailed three (3) weeks before the date of publication. Paper notices will continue to be mailed prior to publication.

This new approach should benefit both applicants and the USPTO. For example, issuing Notices of Publication via email will allow applicants to receive the notice almost immediately and will save the USPTO the cost and time of mailing paper notices to applicants who have already authorized email communication with the Office. All Notices of Publication will still be accessible either for direct viewing or downloading via the Trademark Document Retrieval (TDR) system, which is available 24 hours a day, seven days a week, 365 days a year. Additional notices may be sent via email in the future, based on the success of the project to issue electronic Notices of Publication.

The Trademark Company