Are Trademark Applications Public?

October 1, 2021

Are Trademark Applications Public? Everything you need to know

Suppose you want to conduct a Canada trademark registration or carry out the United States Patent and Trademark Office (USPTO) trademark application; in that case, you need to remember that your trademark application and registration will be public records.

Will my data be available to the public?

Your information will be available to private and public companies who’ll scrutinize your data.

Meanwhile, most of your data will be kept private. However, you need to understand that you’re creating a public record once you apply for a USPTO trademark application.

Remember that all the documents and data you make available to the USPTO during your USPTO trademark application and maintenance are in the public domain (USPTO website).

Regardless of whether your trademark registration process was canceled, abandoned, or has expired.

Don’t be surprised to find the information you offered to USPTO, such as your address, email address, name, and phone numbers in search engines and third-party websites.

Why does the United States Patent and Trademark Office (USPTO) make my information public?

The USPTO is duty-bound by the law to uphold records of USPTO trademark registrations and applications and ensure that they are available for public assessment.

By placing your information in the public domain, the USPTO has put the general public on notice that your brand exists and that you’re trying to carry out your Canada trademark registration.

Once registered, your trademark will appear in USPTO’s online database where users will be able to do their research to find similar marks that can be confused for theirs.

Also, since your mark is registered, you need to start using the registered trademark sign” ®” close to your trademark. This will make anybody who sees your trademark in the search engines know that it’s under the protection of federal registration.

Meanwhile, nobody can boldly say they haven’t heard of your brand because the United States trademark regulations assume that new companies that want to register their trademark have done their due diligence.

New companies need to check the USPTO trademark databank to avoid confusion.

Trademark notice of publication

A trademark publication notice is a written declaration from the United States Patent and Trademark Office notifying you (the applicant) that they’ll publish your mark in their Official Gazette.

As long as the lawyer assigned to your application does not raise any objection to your Canada trademark registration, the lawyer will approve your mark for publication.

Also, the date of the publication will be visible in the publication notice.

Furthermore, suppose you or anyone else believe that the mark infringes on your rights. In that case, you have thirty days from the date of publication to file a motion to oppose the registration, or you can submit a request to prolong the time frame set aside for opposing the mark.

However, if there is no opposition to challenge the trademark registration, or perhaps the opposition was unsuccessful, the application will move to the next stage in the registration process.

The bottom line

If you want to know how to trademark a name in Canada, how to carry out a Canada trademark search, or how to register a trademark in Canada, Trademark Depot (TMD) is here to help you.

Suppose you need help with your Canada trademark transfer or registration, or you want to conduct brand registration in Canada; you can contact the experienced and professional attorneys at Trademark Depot (TMD) to help transfer your trademark for you.

 

 

 

Written by

Jamie Bashtanyk

CEO/Trademark Agent

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