What to Expect During the Trademark Process – Off the Mark

What To Expect During The Trademark Process

Federal registration of a trademark provides the owner the right to prevent others from using the same or similar mark that is likely to confuse consumers. The trademark process can be a lengthy so we would like to take the opportunity to let you know what to expect.

First, your application will sit in the USPTO database for approximately three months before it is assigned to an examining attorney.

Second, the examining attorney will review your application for likelihood of confusion with other applications.

Third, after the examining attorney completes their review of your application, you will likely be issued an office action. An office action is an official correspondence from the USPTO refusing your application for one reason or another. You MUST respond to this correspondence within six months or your application will be deemed abandoned.

Fourth, if you overcome the USPTO’s Office Action, your application will be published for objections. This gives third parties who feel that they may be harmed by the registration of your mark the opportunity to object to its registration.

*While the trademark process is not adversarial, objections to your trademark application are the beginning of adversarial process*

Finally, if there are no objections or if you are successful in the litigation phase of the application process, a Certificate of Registration will be issued. 

As you can see, a lot goes into the issuance of certificate of registration. The entire process could take anywhere from 9-18 months. If Off The Mark can be of assistance in any phase of the process, contact our office to learn more.

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