15 U.S.C. § 1062 — Publication

(a) Examination and publication. After an applicant files a registration application and pays the required fee, the Director must send it to the examiner in charge of trademark registration. If examination shows that the applicant is entitled to registration, or would be entitled after accepting the required statement of use, the Director must publish the mark in the Patent and Trademark Office’s Official Gazette. For a concurrent-use applicant or an application placed in an interference under section 1066, a mark that is otherwise registrable may be published subject to deciding the parties’ rights in that proceeding.

(b) Refusal, amendment, abandonment, and extensions. (1) If the applicant is not entitled to registration, the examiner must tell the applicant and give the reasons. The applicant may reply or amend the application, and it must then be reexamined. This may continue until the examiner finally refuses registration or the application is abandoned under paragraph (2). (2) After the notice, the applicant has six months to reply, amend, or appeal, or a shorter period of at least 60 days set by the Director’s regulation. If the applicant does not act in time, including within any extension under paragraph (3), the application is abandoned. If the delay was unintentional and the Director is satisfied of that, the application may be revived and the time extended. The Director may require a fee to revive it. (3) For a response period shorter than six months, the Director must provide extensions by regulation. On request, the Director must allow extensions totaling six months from the notice date. The Director may set the length of each extension and its fee. A request must be filed on or before the response or amendment due date.

(c) Republication of older marks. Before a registration expires, a registrant of a mark registered under the Acts of March 3, 1881, or February 20, 1905, may pay the required fee and file an affidavit with the Director identifying the registered goods on which the mark is used in commerce and claiming this chapter’s benefits. The Director must publish notice and a reproduction of the mark in the Official Gazette, notify the registrant, and notify the registrant about the affidavit-of-use-or-nonuse requirement in section 1058(b). A mark published under this subsection is not subject to section 1063.