Understanding the Trademark Journey
The trademark registration process may seem complex, but we make it easier to understand.
Trademark Search
Before filing, a thorough trademark search should be conducted to identify potential conflicts with existing registered and common law trademarks.
Application Preparation
The application must properly identify the goods and/or services that you use or intend to use your trademark with. If filed as a "use-based" application, proper evidence must be submitted to demonstrate use. Mistakes made in this stage can increase costs during examination, and in some cases can be fatal to the entire application.
USPTO Examination
Your application is reviewed by a trademark examiner at the USPTO for multiple requirements, including (a) whether the goods and/or services are properly described, (b) whether the mark is sufficiently distinctive to be eligible for protection, and (c) whether use of the trademark would be likely to cause consumer confusion.
Publication
If your application is approved, it will proceed to publication, which gives third parties a 30-day window to oppose your application if they would be harmed by it.
Registration
If your application goes un-opposed, depending on the type of application you filed (intent-to-use or use-based), it will either proceed directly to registration or you will receive a Notice of Allowance to which a Statement of Use must be submitted before your application can register.
Maintenance
In order to maintain your trademark registration, use in commerce must continue, and periodic renewals must be submitted with evidence of that use.
Ready to Dive Deeper?
Our detailed guide provides a deep dive into the trademark registration process, from initial considerations to maintaining your registration.