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Archived updates for Friday, October 07, 2005

U.S. Trademark OG Errors for October 4, 2005

The October 4, 2005 USPTO Official Gazette includes 143 trademark applications that were re-published for opposition by mistake. These applications have now been withdrawn from publication.

Each of these applications had been published for opposition previously; the statement of use had been accepted; and the application had been allowed for registration pursuant to §1(d) of the Trademark Act. Due to a processing error, the applications were assigned a new publication date instead of a registration date.

According to the official notice from the U.S. Patent and Trademark Office on Octber 5, 2005:
Anyone considering filing an opposition to, or request for extension of
time to oppose, any application that published in the October 4, 2005 Official
Gazette, should first review the prosecution history of the application in the
Trademark Application and Registration Retrieval (TARR) system on the USPTO
website. If the prosecution history indicates "second publication in error,” the
TTAB will not accept an opposition or a request for extension of time to file an
opposition based on the October 4, 2005 publication date. Note that although
some applications may indicate that the application has been “withdrawn” from
publication, only those applications that also indicate “second publication in
error” are not subject to opposition.
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