Helpful Information / Articles: Trademarks - Registration Process in the United States Trademark Office
US Patents - International Patents - Software Patents - Trademarks - Copyrights - Trade Secrets - Licensing

After an application is filed, the process is usually as follows:

• Assuming the application is in order, it is assigned a serial number and filing date
• A PTO attorney examines the application to determine if it may be registered
• If the mark does not meet the criteria for registerability, the PTO attorney sends an office action to the applicant, detailing the objections. The applicant's attorney may then try to overcome the objections in a response. If the objections are not overcome, the applicant may appeal to the Trademark Trial and Appeal Board.
• If it meets the criteria for registerability, the mark is published for opposition.
• Anyone who may be harmed by the registration may oppose the mark if they file an opposition within 30 days after publication. The opposition is held before the Trademark Trial and Appeal Board.
• If no opposition to the mark is filed, the mark is registered and a registration certificate is issued if the application was based on actual use in commerce.
• If the application was based on an Intent to Use in commerce, a Notice of Allowance of the mark is issued. The applicant can file for an Extension of Time to File a Statement of Use if the mark is not yet used in commerce. When the mark is actually used, the applicant files a Statement of Use and a registration certificate is issued.

< Trademarks - Registration Process in the United States Trademark Office | Trademarks - Keeping your United States Trademark >