Products and services to fight COVID-19: Petitions to prioritize initial examination of trademark applications

In response to the COVID-19 outbreak, and in view of the critical need to develop and help speed to market medical products and services to combat the COVID-19 virus, the Director will accept petitions to advance the initial examination of trademark applications for marks used to identify qualifying medical products and services related to COVID-19. Additionally, the USPTO will waive the fee for such petitions. The applicant must file a Petition to the Director under 37 CFR § 2.146(a)(3) seeking to have the Director exercise supervisory authority to advance the initial examination of the application out of its regular order. See Trademark Manual of Examining Procedure §1710 et seq.

To be eligible for prioritized initial examination under this procedure, an applicant must seek registration for one or more of the following medical goods or services related to COVID-19: 

  • 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
  • Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19

The application may also include additional related goods or services. 

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