Frequently Asked Questions about the Trademark Official Gazette (TMOG)
The Trademark Official Gazette (TMOG) is published every Tuesday, including federal holidays, and the electronic version is presented in .PDF format. 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.
Below are frequently asked questions about the TMOG.
- The USPTO’s e-mail link to the TMOG doesn’t work. How can I view my trademark in the TMOG?
- How do I search the TMOG?
- I can’t find the “binoculars” icon on the Web Browser to search. What should I do?
- What version of Adobe Reader must I use?
- The PDF will not open. What should I do?
- Can I print a single page from the TMOG?
- How do I save the TMOG to my desktop?
- How can I find out in which issue of the TMOG my mark appeared?
- If my mark is in color, will it appear in the TMOG in color?
- Since my mark is on the Supplemental Register, will it appear in the TMOG?
- How can I oppose a mark listed in the TMOG?
- How do I correct a clerical error in the TMOG?
- Where can I locate TMOG notices?
The USPTO e-mail link to the TMOG doesn't work. How can I view my trademark in the TMOG?
If the e-mail link in the "Trademark Official Gazette Publication Confirmation" notice does not open to the page containing your trademark, go to http://www.uspto.gov/news/og/tindex.jsp and click on "Trademark Official Gazette" for the date corresponding to the publication date. Follow the below steps for searching the TMOG.
How do I search the TMOG?
You can search for a trademark in the online version of the TMOG available at http://www.uspto.gov/news/og/tindex.jsp. "You can search the PDF file by any literal element of the mark, the owner's name, the serial number, or the registration number.
To search for a trademark in the TMOG:
- 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."
- Click on the link to the TMOG or paste the following URL into your internet browser: http://www.uspto.gov/news/og/tindex.jsp.
- Click on "Trademark Official Gazette" for the date that the mark was published for opposition.
- Wait for the TMOG to download completely (you may monitor the download progress at the bottom left of the page).
- Locate the icon that is called either "Search" or "Find"
- In the "Search" box, enter any literal element of the mark, the name of the applicant (for individual: last name, first name), the serial number (using the hyphen and comma in this format: 77-545,528), or the registration number (using commas in this format: 4,181,096).
- If multiple results appear in the "Results" box, click directly on each "Search Term" shown in the box to access all separate listings in the TMOG.
I can't find the "binoculars" icon on the Web Browser to search. What should I do?
Not all PDF viewers have a binoculars icon and yours may not. The binoculars are simply a way to access the "find"or "search" feature in your PDF viewer. If you do not see the "binoculars" icon on your web browser, you can try one of the following alternatives:
(1) right click and see if a "find" option appears in the drop down menu;
(2) if using a PC, hold down the "Ctrl" button and tap the "F" key on your keyboard to open a "find" menu;
(3) if using a Mac®, hold down the Apple/Command button and tap the "F" key on your keyboard to open a "find" menu.
When the menu is open, enter a portion, or all, of the literal element of the mark, the name of the applicant (for individual: last name, first name), the serial number (using hyphens and commas in this format: 77-545,528), or the registration number (using commas in this format: 4,181,096) into the search box. You can also try opening the page with a different web browser.
What version of Adobe Reader must I use?
The best version of Adobe Reader to use is a recent version that Adobe supports. Â The current PDF files are backward compatible to version 5, but using a currently supported version is strongly advised since Adobe will not supply security patches for older, unsupported versions of reader and that leaves the user vulnerable to attacks against the PDF viewer.
The PDF will not open. What should I do?
We recommend downloading the PDF file directly to your local hard drive to circumvent any configuration issues between the browser and the PDF reader add-on/plug-in. Most browsers do not natively support PDF files and require either an Adobe PDF viewer or a third-party PDF viewer to display a PDF file. After saving to a disk or your desktop, you should be able to view the file by clicking on it. If so, then this suggests the problem is the browser, the plug-in/add-on (different names for the same thing), or a configuration issue between the browser and the plug-in/add-on viewer.
How do I save the TMOG to my desktop?
You can download a file and save it to your desktop. To download a file, right-click on the link, select "Save Link As..." or "Save Target As...," select the directory, then "Save."
How can I find out in which issue of theTMOG 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.”
Yes. If the submitted drawing of your mark contains color, the TMOG PDF file will show the mark in color.
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.
How can I oppose a mark listed in theTMOG?
Once the USPTO publishes a trademark in theTMOG, 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.
How do I correct a clerical error in theTMOG?
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 athttp://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.
Where can I locateTMOG 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.
If you need additional assistance with the TMOG, please e-mail TMPostPubQuery@uspto.gov. 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.