Don't Waste Money on a Covid-19 or Coronavirus Trademark Application

Don’t waste money on a Covid-19 or Coronavirus trademark application because 1) you will not be the first to file; 2) most of the applications filed before you will never become registrations.

As of March 26, 2020 there are 31 newly filed trademark applications with the United States Patent and Trademark Office (USPTO) that include the word COVID. There’s more than 80 new trademark filings including the word CORONA (and they are not for beer).

The United States is a First to File Trademark Country

In the United States, you have priority with the USPTO if you are the first to file a trademark application. That doesn’t mean a third-party might not have superior rights, it just means the first in line at the USPTO generally has priority in examination over applications with a later filing date. If your trademark application is the second (or 50th) inline, your application will most likely be placed on hold - suspended - until the prior filed applications are reviewed and either registered or go abandoned.

A Majority Of Marks Filed Will Not Qualify As Trademarks or Service Marks

I anticipate the majority of the trademark applications filed with the USPTO for CORONA or COVID will be be denied because the mark is never actually used as a trademark.

Many of the trademark applications I reviewed were for clothing items. Putting a phrase or a word on a t-shirt does not convey to the world that you are using the phrase as a trademark or brand.

Most consumers will not think a t-shirt that says “I Survived Covid-19” functions as a brand identifier. Said another way, most purchasers of the t-shirts would not automatically think the slogan identified the source of the goods but would view the slogan only as a decoration on the goods.

The way to overcome the ornamental refusal is to 1) attach hang tags that include the trademark; or 2) have labels that include the trademark on the garment; or 3) have the trademark on product packaging. Take a look at the image with “Suggestions For Proper Use of Trademarks on Clothing.”

What Do I Do If My Trademark Application Is Refused?

Generally, a response to an Office Action/refusal must be filed within six months from the date it issued. Some types of Office Actions have a shorter deadline. Read the Office Action carefully to determine the specific deadline for the response.

The Office Action will spell out all the reasons why your application was refused. You may wish to contact a trademark lawyer to advise you as to your options and to draft the response to the Office Action.