Omission of Marks in August 28th Printed TM Official Gazette Does Not Affect Opposition Period
I refuse to blog another non-precedential Section 2(d) decision, so while I wait for the TTAB to produce something interesting, I thought I'd pass along this September 17th announcement from the USPTO.
OMISSION OF MARKS IN AUGUST 28, 2007, GOVERNMENT PRINTING
OFFICE PRINTED EDITION OF THE TRADEMARK OFFICIAL GAZETTE
Due to an error by the Government Printing Office (GPO), GPO’s August 28, 2007 printed version of the Trademark Official Gazette (TMOG) published incorrectly. In particular, Book 2 of GPO’s printed August 28, 2007 TMOG omitted the content intended for publication in that volume, and instead mistakenly contained the content designated to print in Book 2 of the following week’s edition.
All of the content mistakenly omitted from GPO’s printed TMOG was timely and properly included in the USPTO’s electronic TMOG dated August 28, 2007. While the USPTO regrets the inconvenience to GPO’s customers as a result of the GPO printing error, the USPTO’s electronic TMOG is the official version. See 68 FR 37803 (June 25, 2003). The five most recent electronic editions of the TMOG are always easily accessible on the USPTO website at http://www.uspto.gov/web/trademarks/tmog/.
Because the marks in question correctly appeared in the official version of the August 28, 2007 TMOG, the opposition period for these marks remains unchanged, regardless of their omission from GPO’s printed TMOG.