General Frequently Asked Questions about the Trademark Official Gazette (TMOG)
1. What is the Trademark Official Gazette (TMOG)?
The Trademark Official Gazette (TMOG) is published every Tuesday, including federal holidays. The purpose of the TMOG is to give notice of certain actions that are being taken with respect to the marks listed in the TMOG on the particular date of issue. Publication in the TMOG starts the period for opposition for some of the marks listed in the TMOG.
The TMOG contains a depiction of the mark, the identification of goods and/or services, and owner information for: (1) marks published for opposition that are expected to register on the Principal Register; (2) marks registered on the Principal Register under 15 U.S.C. §1051(d) on the date of the particular TMOG issue in which the marks appear; (3) marks registered on the Supplemental Register on the date of the particular TMOG issue in which the marks appear; and (4) updated registration certificates. The TMOG also contains a list, by International Class, of the registrations issued on the Principal Register on the date of the particular TMOG issue and an index of registrants appearing in that issue.
2. How do I access the TMOG?
The TMOG is offered in an easily searchable web-based format. In addition, the USPTO will continue for a certain period to offer a PDF version of the TMOG.
3. How can I find out in which issue of the TMOG my mark appeared?
You can locate the date that the mark was published for opposition by entering the serial number in http://tsdr.uspto.gov/ and clicking “Status.” The information will appear under the “Prosecution History” tab as the date that the mark “Published for Opposition.”
4. If my mark is in color, will it appear in the TMOG in color?
Yes. If the submitted drawing of your mark contains color, the TMOG PDF file will show the mark in color.
5. Since my mark is on the Supplemental Register, will it appear in the TMOG?
Yes. Marks that are found to be registrable on the Supplemental Register are printed in theTMOG on the date that they register. 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.
6. How can I oppose a mark listed in the TMOG?
Once the USPTO publishes a trademark in the TMOG, any party who believes he or she will be damaged by the registration of the trademark has 30 days either to: (1) file an opposition to the trademark with the Trademark Trial and Appeal Board (TTAB); or (2) request an extension of time to file a notice of opposition.
You must pay a fee of $300 for each class of goods or services that you oppose when filing a notice of opposition. An opposition submitted without the required fee will not be accepted. There is no fee for filing an extension of time to file a notice of opposition.
The TTAB requests that all TTAB submissions be made online using the TTAB electronic system ESTTA at http://estta.uspto.gov/.
If you need more information on filing a notice of opposition, contact the TTAB Assistance Center at 571-272-8500 or toll-free at 1-800-786-9199, or refer to the online information at http://www.uspto.gov/trademarks/process/appeal/index.jsp.
7. How do I correct a clerical error in the TMOG?
To correct a minor clerical error in the publication of a mark in the TMOG, the applicant or the applicant’s attorney must file a written request. This request should include the applicant’s or the 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 TMOG.
Only purely clerical errors (e.g., a typographical error or omission, drawing printed upside-down, or incorrectly stated data) may be corrected by a written request sent to the e-mail address, above. 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 may be corrected without jurisdiction being restored to the examining attorney or the need for republication.
All other requests to correct or amend the application after publication but before issuance of a Notice of Allowance or registration must be filed by submitting a post- publication amendment using the form available at http://teasroa.uspto.gov/ppa/. Alternatively, the request may be faxed to Attn: Photocomp at 571-270-9007. A paralegal specialist in the Office of the Deputy Commissioner for Trademark Examination Policy will consider the proposed amendment. If the amendment is approved, it will be entered. If the amendment may not be approved, the applicant will be advised in writing that the applicant must petition the Director to restore jurisdiction to the examining attorney to consider the amendment. The petition fee is $100.00. If the petition is granted, the amendment will be forwarded to the examining attorney. For further information, contact the Petitions Office at 571-272-8950.
8. Where can I locate TMOG notices?
TMOG notices, such as changes in rules or Office procedures and notices to parties who cannot be reached by mail, are available at http://www.uspto.gov/trademarks/notices/Trademark_OG_Notices_Main.jsp.
9. Where do I get additional help viewing the TMOG?
If you need additional assistance with viewing the TMOG, please e-mail email@example.com. Please include your telephone number, serial number, and a description of your issue. You should receive a response within 24 hours if the e-mail is submitted during normal business hours. For general information, contact the Trademark Assistance Center at 1-800-786-9199.
10. How do I search the new web-based format of the TMOG?
View the instructions at https://storage.googleapis.com/tmogdocs/TMOG_Search.pdf/.
11. How do I search the PDF-version of the TMOG?
View the instructions at http://www.uspto.gov/trademarks/resources/Searching_PDF_OG.jsp.