What is the trademark application process in the United States?
What is the trademark application process in the United States?
Filing for a trademark in the United States can be a very complex process.
Here are the basic steps that you would take if you are using your trademark in commerce when you file your application:
- You file a completed trademark application with the United States Patent and Trademark Office.
- An examining attorney at the United States Patent and Trademark Office reviews your application.
- If the examining attorney at the United States Patent and Trademark Office objects to the registration of your trademark he can refuse to allow your mark with an Office Action.
- If you cannot over come the objections of the examining attorney, you can appeal to the Trademark Trial and Appeal Board, an administrative tribunal within the United States Patent and Trademark Office.
- If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication.
- After publication of the trademark, the general public can file an opposition to the trademark.
- If no opposition has been filed within 12 weeks of publication, the United States Patent Office will issue your mark a registration.
Every trademark application is different and has its own unique nuances.  You should consult with an attorney to assist you with your trademark application and to communicate with the United States Patent and Trademark Office. Failure to respond to the United States Patent and Trademark Office Office Actions or failure to appeal rejections within set time limits will cause your trademark application to be considered abandoned.