Publication Under the Lanham Act of 1946

Once the trademark application process is underway, and all the applications are filed and fees are paid, an examination or investigation of the proposed trademark for registration will occur. The examination exists in order to fully verify that the trademark is not in direct infringement of another, and that it is being used properly as allowed by federal trademark laws.

Upon such verification and approval for the trademark to be registered by the United States Patent and Trademark Office, the Director will make a reproduction of the trademark in question, and publish in the Official Gazette of the Patent and Trademark Office. Trademark publication exists for the purpose of record keeping and identifying trademarks in the commercial world.

Trademark publication allows for the access to such records to be reviewed by the public and interested parties to ensure that a trademark is not already in existence, in the case of considering for trademark registration, or if a new addition in the trademark publication may in fact be infringing on other, already implemented trademarks.

If the trademark is considered to be in interference or concurrent use, the mark may still be published until it can be conclusively determined that such a trademark is to found under those provisions and proceedings are finalized. If the applicant is determined not eligible for the registration of that particular trademark, the individual or company will be notified as to the reasons for such denial, and granted a six month period to reapply after the necessary changes are made or requirements are met.

The process may be repeated until the Director finally concludes that the trademark in question is not registrable, or the applicant fails to comply or adhere to reply to the original denial within the six month period.

In certain circumstances, the Director may extend the six month period, but only under the applicant's expressed need for warranted time, or affirming that the deal in response was not intentional. Trademark publication is also made available to those marks registered under prior trademark acts, such as the Trademark Act of 1881, and the Trademark Act of 1905.

The trademarks granted under these provisions are subject to current registration or renewal processes, and the owners must provide for an affidavit providing for the current use of the trademark, as well as the type of product or consumer goods it is associated with, as long as the registration of such trademark is still valid. The Director may then choose to include the mark for trademark publication for the purpose of updating and recording keeping.

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