trademark registration process

A trademark is a word, phrase, symbol, design, or a combination of these that distinguishes a company’s products or services from others. These marks help consumers identify and associate the products or services with the source. As a result, if you are starting or running a business, it is important to register your trademark. This ensures that you have a unique identity in the market and that customers can easily recognize and locate your products or services.

The Registration Process

Trademark registration with the US Patent and Trademark Office (USPTO) typically takes around a year to complete. That is why beginning the registration process as early as possible is advisable.

This registration process generally includes the following steps:

The Application 

The application part of the process refers to drafting the trademark application and filing it with the USPTO. This process includes selecting the material you want to federally register, determining the filing basis for the trademark, selecting the proper application paperwork, completing the proper documents detailing the brand’s specific information, and submitting them for review. Once you file your application, you will receive a serial number to help you track its progress.  

The Examination Period

After the application has been submitted to the USPTO, the examining attorney will carefully evaluate the application for accuracy and ensure that it meets all requirements for registration. Additionally, they will conduct a thorough conflict check to ensure the proposed mark does not infringe on any existing trademarks.

If the lawyer identifies any issues with the application, such as failing to meet substantive requirements or conflicting with pre-existing marks, the application will be initially denied registration. The attorney will send a formal document referred to as the Office Action, which will document the rejection. To keep the application active, you must respond to the document within three months of the issuance date. The application will likely be abandoned if you fail to respond within this timeframe. If the application meets all the registration requirements and does not conflict with any existing trademarks (or you have successfully addressed any problems addressed in the Office Action), the application will be initially approved for registration and then proceed to the publication stage.

The Publication Stage

Once the trademark application is approved, the USPTO will send a Notice of Allowance. This document indicates that your trademark has passed the examination phase successfully. About 30 to 60 days after receiving the notice, the mark will be published in the official publication of the USPTO. This publication serves as a notice to the public about your intention to register your trademark. Once it is published, there is a 30-day period where parties can object to the registration if they believe it conflicts with their trademark.

The Registration Stage

If no objections happen within 30 days, the trademark will be registered, and the USPTO will provide a registration certificate to conclude the process.

Contact TM Law Today and Learn More About the Trademark Registration Process

If you need further information about the trademark registration process or want to begin the process, contact us today and speak with an experienced trademark attorney.