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 USPTO 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 Board for filing an opposition.  15 U.S.C. §1063(a); 37 C.F.R. §2.101(c); TMEP §1503.03 .  See TMEP §1503.01 for further information about filing a notice of opposition.

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.

1502.01   Notification of Clerical Errors in Trademark Official Gazette

To correct a clerical error in the publication of a mark in the Trademark Official Gazette, the applicant or applicant's attorney must file a written request.  This request should include the applicant's or attorney's telephone number and e-mail address, and should be e-mailed to TMPostPubQuery@uspto.gov  .  The request should be filed within one week after the date of publication in the Official Gazette .

Only purely clerical errors (e.g., a typographical error or omission, drawing printed upside down, or incorrectly stated data) can be corrected by a request(s) sent to this e-mail address.  The paralegal specialists in the Office of the Deputy Commissioner for Trademark Examination Policy will review the applicant's request to verify the existence of the clerical error and determine whether the error can be corrected without jurisdiction being restored to the examining attorney or republication being required.

See TMEP §§1505 et seq . for information concerning post-publication amendments and when republication is required.