Searching for 1(b) Trademarks That Have Been Published for Opposition
A trademark application appears on TESS at the USPTO web site within a few days of the application being submitted and remains there for a minimum of about 3-
This approval step is marked on the USPTO TSDR (Trademark Status and Document Retrieval) as ‘APPROVED FOR PUB -
This change in the record means that the USPTO believes the trademark would be entitled to registration under the current circumstances (assuming an acceptable AAU or SOU were filed for an intent-
When the APPROVED FOR PUB -
‘Published for Opposition’ Searches Using TESS
(Trademark Electronic Search System)
A Trademark Official Gazette (TMOG) “search line” is available from TESS where users can generate a list of all marks Published for Opposition in that TMOG, or a list of all new registrations published in that TMOG. TESS can be accessed at: http://tess2.uspto.gov/. The following 5 choices are available for general searching but only those marked A, B, and C below can be searched using the Published for Opposition field.
Select The Search Form
* New User Form Search (Basic)
* Structured Form Search (Boolean)
* Free Form Search (Advanced Search)
* Browse Dictionary (View Indexes)
* Search OG Publication Date or Registration Date
Note that users can refine their search so that they include only marks published in a particular TMOG that have particular characteristics, the examples used here is for IC 009 and the Trademark Official Gazette (TMOG) for dates in 2020.
‘Published for Opposition’ Searches Using TESS
(Trademark Electronic Search System)
A Trademark Official Gazette (TMOG) “search line” is available from TESS where users can generate a list of all marks Published for Opposition in that TMOG, or a list of all new registrations published in that TMOG. TESS can be accessed at: http://tess2.uspto.gov/. The following 5 choices are available for general searching but only those marked A, B, and C below can be searched using the Published for Opposition field.
Select The Search Form
* New User Form Search (Basic)
A * Structured Form Search (Boolean)
B * Free Form Search (Advanced Search)
* Browse Dictionary (View Indexes)
C * Search OG Publication Date or Registration Date
Note that users can refine their search so that they include only marks published in a particular TMOG that have particular characteristics, the examples used here is for IC 009 and the Trademark Official Gazette (TMOG) for a particular date in 2021.
A. Search the Published for Opposition Date field using * Structured Form Search (Boolean)
To generate a list of all the marks published for opposition in the TMOG of 07 September 2021 that identify goods classified in international class 9, enter the following into TESS at http://tess2.uspto.gov/ and select * Structured Form Search
1. In the “search term” line, enter 20210907;
2. In the corresponding field line, select “Published for Opposition Date” from the pull-
3. In the operator field, select “and” from the pull-
4. In the “search term” line, enter 009; and
5. In the corresponding field, select “international class” from the pull-
6. Submit Query
[This TESS search brought up 983 Records]
B. Search the Published for Opposition Date field using * Free Form Search (Advanced Search)
To generate a list of all the marks published for opposition in the TMOG of 07 September 2021 (always a Tuesday) that identify goods classified in international class 9, enter the following into TESS at http://tess2.uspto.gov/ and select * Free Form Search
1. Search box enter the following: 20210907[PO] AND 009[IC]
2. Submit Query
[This search brought up 983 records.]
More complex options are available:
International Class [IC]
This field identifies the class(es) assigned to a mark under the International Classification of Goods and Services (Nice Agreement) based upon the goods or services on which the mark is used. The International Classification has been the primary classification for marks in the United States since September 1, 1973.
TIP: Enter a numeric international class in quotes with leading zeros, if necessary.
Example: Enter "032"[IC] or 032[IC] to retrieve documents classified in International Class 032.
Note: This International Class field is included for searching convenience, but the displayed International Class information is actually part of the Goods and Services [GS] text to allow for the searching of specific GS text terms occurring in a specific International Class. For example, the search ((IC WITH "032") SAME FRUIT)[GS] will retrieve only marks containing the word FRUIT occurring for International Class 032 in the Goods and Services statement.
Published for Opposition [PO]
This field contains the date that the application was published for opposition in the Trademark Official Gazette. Dates are stored in the format YYYYMMDD for the four-
For example, the following search will retrieve all marks with a published for opposition date of 07 September 2021: 20210907[PO]
Either of the following searches will retrieve all marks with a published for opposition date any time in September 2021: 202109$[PO] 202109??[PO]
[33023 records]
Alternatively, the ` operator can be used for numeric range searches on date fields. The following search will retrieve all marks with a published for opposition date in January 2021 or later: `PO > "20210000"
The following search will retrieve all marks with a published for opposition date from January 2021 through December 2021. `PO > 20210000 < 20220000
Note that some searches on TESS will also pick up trademark applications that are scheduled for publishing for opposition that haven’t happened yet.
C. Search using Search OG Publication Date or Registration Date
To generate a list of all the marks published for opposition in the TMOG of 07 September 2021 that identify goods classified in international class 9, enter the following into TESS at http://tess2.uspto.gov/ and select * Search OG Publication Date or Registration Date
1. In the “OG Date” line, enter 20210907;
2. In the corresponding field line, select “publish for opposition date” from the pull-
3. In the operator field, select “and” from the pull-
4. In the “search term” line, enter 009; and
5. In the corresponding field, select “international class” from the pull-
6. Submit Query
Please note that although the TMOG search line is specifically designed for searching particular issues of the TMOG, other search lines in TESS can be used to conduct more complex searches of individual TMOGs.
Please also note that whereas the TMOG is published each Tuesday, the TESS records for particular marks generally do not include the TMOG publication date for the mark until the following Wednesday. Hence, a search of a particular TMOG issue that is conducted on the day that issue is published may not yield any results.
Please note also that the ‘published for opposition date’ can also contain future dates! As soon as a publication for opposition date is set, this field is populated EVEN IF IT HASN’T OCCURRED YET.
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TM1b.com
(Trademark 1b)
Select A Search Option |
Basic Word Mark Search (New User) |
This option cannot be used to search design marks. |
Word and/or Design Mark Search (Structured) |
This option is used to search word and/or design marks. NOTE: You must first use the Design Search Code Manual to look up the relevant Design Codes. |
Word and/or Design Mark Search (Free Form) |
This option allows you to construct word and/or design searches using Boolean logic and multiple search fields. NOTE: You must first use the Design Search Code Manual to look up the relevant Design Codes. |
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Additional Search Options |
Browse Dictionary (Browse Dictionary) |
This option browses all fields in the database unless you limit to a particular field. Results are returned in a dictionary- |
Search OG Publication Date or Registration Date (Search OG) |
This option searches the Official Gazette for marks published or registered on a particular date. |
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