The USPTO has announced a new expedited review pathway for trademark applications covering certain COVID-19-related goods and services. The new process will fast track these trademark applications to shave off roughly two months of the USPTO examination timeline.

Eligible applications are those covering one or more of the following qualifying COVID-19 medical goods or services:

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

The approvals referenced above include, but are not limited to, Investigational New Drug (IND) applications, Investigational Device Exemptions (IDE), New Drug Applications (NDA), Biologics License Applications (BLA), Premarket Approvals (PMA), or Emergency Use Authorizations (EUA).

To request this expedited treatment, an applicant must first file the trademark application itself and then file a Petition to the Director identifying the newly assigned serial number for the application. The USPTO has waived the government fee to request expedited examination, but the usual trademark filing fees still apply.

Applicants may also take additional affirmative steps to expedite examination by responding promptly to office actions, emails, and phone calls from the USPTO. Overall, the new process makes it possible to obtain a trademark registration in four-to-six months rather than the traditional six-to-eight months (if that, under best circumstances).

Next steps

If your business is developing or offering COVID-19-related products or services, and you wish to protect these innovative and important treatments through trademark registrations, please contact Anna Kurian Shaw and Brendan C. Quinn.

Authored by Anna Kurian Shaw and Brendan C. Quinn