In an effort to shorten the trademark application process for trademark owners seeking to rapidly bring COVID-19 medical products and services to market, the USPTO is offering prioritized examination of trademark applications covering COVID-19 medical products and services.

Following the filing of a trademark application covering such products and / or services, the applicant must file a Petition to the Director asking the Director to exercise supervisory authority to advance the initial examination of the application out of its regular order.  If the petition is granted the trademark application will be immediately assigned to an examining attorney for initial examination.  This will help to shorten the application process by around 3-5 months.

In order to qualify for prioritized examination, the applicant must seek registration for one or both of the following COVID-19-related products and/or services:

  • Pharmaceutical products or medical devices, e.g., 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 (FDA)
  • Medical services or medical research services for the prevention, diagnosis, treatment of, or cure for COVID-19

Additional related goods and/or services may also be included in the application.

FDA approvals for the relevant products may include, but are not limited to, an Investigational New Drug (IND) application, an Investigational Device Exemption (IDE), a New Drug Application (NDA), a Biologics License Application (BLA), a Premarket Approval (PMA), or an Emergency Use Authorization (EUA).  More information about FDA approvals can be found at www.fda.gov.

More information about the USPTO’s prioritized trademark application program can be found at https://www.uspto.gov/trademark/laws-regulations/covid-19-petition-prioritize-applications.