USPTO Review Process
The United States Patent & Trademark Office (USPTO) reviews every trademark application to
determine whether it complies with all applicable requirements, rules and statutes.
- After the USPTO determines that you have met the minimum filing requirements, the application
is forwarded to an examining attorney. This may take a number of months.
- If the USPTO decides that a mark should not be registered, they will send a letter (Office Action) explaining any substantive reasons for refusal, and any technical or procedural deficiencies in the application.If only minor corrections are required, you may be contacted by telephone or e-mail.
Publication for Opposition
- If the USPTO raises no objections to registration, or if the applicant overcomes all objections, they
will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.
The USPTO will send a notice of publication to the applicant stating the date of publication. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process.
Notice of Allowance
- If the mark is published based upon an “intent to use” and no opposition is raised, the USPTO will issue a notice of allowance about eight (8) weeks after the date the mark was published. The applicant then has six months from the date of the notice of allowance to either: Use the mark in commerce and submit a “statement of use”; or (2) Request a six-month extension of time to file a “statement of use”.
Request for Extension
- If you are not yet using the mark in commerce, you must file an extension request and the required fee to avoid abandonment. Because extension requests are granted in six month increments, you must continue to file extension requests every six months. A total of five extension requests may be filed.
Certificate of Registration
- If the registration is granted, a Certificate of Registration is issued. This certificate from the USPTO
is prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership and exclusive right to use the registered mark in commerce on or in conjunction with the goods or services specified in the certificate.
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