Recognizing the need for companies to quickly deliver products that may help combat the COVID-19 pandemic, the United States Patent and Trademark Office (“USPTO”) announced, on June 15, 2020, the new COVID-19 prioritized examination program (“New Program”) for certain trademark and service mark applications. Under the New Program, the USPTO will accept petitions to advance the initial examination of applications for marks used to identify qualifying COVID-19 medical-related products and services. Additionally, the USPTO will waive the fee for such petitions.
To be eligible for prioritized examination under this New Program, an applicant must seek registration for one or more of the qualifying COVID-19 medical goods or services described below. In other words, an application must identify at least one qualifying good or service to be eligible for the New Program, even if such application also identifies additional non-qualifying goods and services. The following are qualifying COVID-19 medical-related goods and services:
· Pharmaceutical products or medical devices such as diagnostic tests, ventilators, and personal protective equipment, including surgical masks, face shields, gowns, and gloves, that prevent, diagnose, treat, or cure COVID-19 and are subject to approval by the United States Food and Drug Administration; and
· Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19.
If a petition is granted, the application will immediately be assigned to an examining attorney for review, which will expedite examination by approximately two months, and may be further expedited by responding promptly to any USPTO correspondence.