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[sblake]

XYZ company files for a trademark "wiget" - Trademark is denied.
USPTO sends final denial. Attorney for XYZ company revives this trademark, but disclaims word "Wiget"
in the classification apropriate for this product.
Now they've added classifications that would give them sole publishing rights for brochures flyers etc.. for the word "wiget"
This trademark is for future use.

I know that the purpose for this is to block other from registering this word.

My question:
Is the trademark filing date still valid from the date it was originaly filed or the revival date?
(The trademark was altered)

[JSonnabend]

I can't make heads or tails of your fact pattern.  If the TM application was revived, then the mark could not have been "altered" in any substantive way.  I have no idea what you mean by "Now they've added classifications that would give them sole publishing rights for brochures flyers etc.. for the word 'wiget'."

The one thing I can answer is this: if the application was revived, then the original filing date will become the constructive date of first use upon registration.

If this application isn't yours but someone else's, you could post the serial number here and we could take a look at the file history.

- Jeff

[sblake]

Thanks Jeff,
This answers my question.
One more thing - this trademark is filed by a foreign company and there is no "first use date"
One more question.

There are actually two trademarks filed one for "wiget",
second is "wiget wiget company" The second trademark is my company's name - I operate business in US under "Wiget Company". The foreign company's name is "The Widget Company Ltd" They clearly state that they are UK supplier of widgets.

If one misses opposition time frame can this trademark be challenged outside USPTO before it is assigned a serial number ?? Currently there are two major companies opposing this mark for various reasons so it may never see the daylight.
I must add that I own domains and operate sites and sell "wigets" under "wiget,com" and "widgetcompany,com" with proper trademark and copyright claims in the footers.
I've been selling "widgets" several years before this company existence and trademark application.

[JSonnabend]

Again, the hypothetical is impossible for me to follow.  I have no idea what the mark is, who uses what name, and what the product name is.  If the products are called "widgets" (i.e., that's the generic term for the product), then neither you nor the foreign company can claim tm rights in it.

As for challenging the registration after it issues, yes, you can do that, it's called a petition for cancellation.

- Jeff