Step 1: File Assuming you've had all your comprehensive research completed & the name is clear, the first step is to file the application. The application is available online through the USPTO.
Step 2: Receive a Filing Receipt The day the application is filed, the USPTO will email you a confirmation that the application is received. This receipt includes your serial number, the filing date and a summary of the application.
How Long? Should be same day. If you do NOT receive a filing receipt the same day, contact the USPTO at TEAS@uspto.gov
Step 3: Assigned to Examiner An examiner is "a USPTO employee who examines (reviews and determines compliance with the legal and regulatory requirements of) an application for registration of a federally registered trademark." This will be the individual you'll correspond with about your application during the registration process. See this post for further details.
The time periods for the rest of this process are going to vary so the following are approximations...
How Long? About 3 months, though could be sooner or later.
Step 4: Examination Begins Your examining attorney will review your application & should any issues arise that need to be dealt with will come via email in an Office Action. Office Actions can be comprised of a number of things. Some of the most common issues are a disclaimer is needed, a re-wording of the goods/services description is needed and the mark is refused based on likelihood of confusion, which is why you have comprehensive research done first to ensure that this doesn't happen. See this post for further details.
How Long? Anywhere from 1-3 months seems to be the average length of time it's taking the examining attorneys to send out Office Actions. This can be shorter if the application is filed correctly from the get go.
Step 5: Notice of Publication Provided that there are no objections from the examining attorney and/or you've responded to their Office Actions satisfactorily, the application then moves to publication. "Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose."
How Long? The USPTO states 30 days but I've seen applications that have been published for 2 months.
Step 6: Registration Once the publication period is over, the mark becomes registered. You'll also be assigned a registration number.
All in all, it could take a year (if there are no issues) to a year & a half (if there are hiccups like Office Actions) to be granted registration for an in use application. However, be rest assured that the USPTO does take note of your pending application. If a filing comes in AFTER your application, they will know that you were first in line.
Federal Trademark Application Timeline, In Use Application - To learn more about this author, visit Shannon Moore's Website.
Like this article? Share it with your friends
 |
Related Articles |
|
 How Do You Get a Trademark?
|
| |
While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important...
|
|
What's the Point of Getting a Federal Trademark?
|
| |
After reading about Common-Law, you're probably wondering why you'd even be interested in getting a Federal Trademark for your name. Well, let's break down the key reasons as |
How to Register a Trademark
|
| |
So, you finally settled on the perfect name for your product or service – it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That'...
|
|
® vs. ™
|
| |
The ™ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark.
The ® symbol is to be used for marks that have a Federally...
|
|
What Is Common-Law?
|
| |
Most often when one hears the term Common-Law, it's in reference to marriage. If that's what you're looking for, go
|
|
|
|
![[Get Copyright Permissions]](http://license.icopyright.net/images/icopy-w.gif){kind=small}
