Registration process
CLEAR...
- Once your official Application for
U.S. Federal Trademark Registration is electronically submitted, it will automatically be assigned a Serial
Number and filing date from the U.S. Patent and Trademark Office, and will generate an U.S.P.T.O official acknowledgment of receipt of you application that will be
automatically emailed to you.
- About four-six months
after receiving the online application, an USPTO assigned examining attorney
determines whether the mark may or may not be registered. If the
attorney finds that the mark cannot be registered, he or she issues an
"office action" reporting grounds for refusal, and/or
requesting necessary corrections to the application. Usually, a
6-month term is given to the applicants, or their representatives to answer
to the "office action". If such an answer does not reach the examining attorney
within the 6-month term from the date of the "office
action", the application undergoes abandonment. Furthermore, if the response to the "office action",
although timely, does not
fulfill the "office actions'" various requests, or
does not overcome all of its objections, the examining attorney issues a final
refusal.
- In case no corrections to the application are required by the
examining attorney, or the response to the "office action" is able to
fulfill all of the examining attorney's requests, as well as to overcome all of
his/her objections, the USPTO attorney approves the trademark for publication in the Official
Gazette and sends a Notice of Publication reporting the publication
date.
- If the application
"filing basis" was "use in commerce", a
Registration Certificate is issued after about 12 weeks from
the publication date, and as long as no opposition is filed.
- If, instead, the mark was published based upon the applicant's
statement of bona fide "intent to use" the mark in
commerce, the USPTO issues a Notice of Allowance about 12
weeks after publication, and as long as no opposition was filed.
Within 6 months from the Notice of Allowance the applicant either
has to use the mark "in commerce" and file a Statement of Use, or
request a 6-month Extension of Time to File a Statement of Use if it
has not yet initiated the use of the mark "in commerce". In
both cases, if the Statement of Use is filed and approved, the USPTO issues
the Registration Certificate.
- Registration
Certificate is mailed to you by the USPTO.
*Our service is limited to document preparation,
which includes a review for completeness and correctness of
spelling and grammar of the data provided through the online
application form, as well as consistency of data regarding
contact information, names, and other data of such nature. In no
instance we analyze your application data to determine
completeness of the data under the legal profile, provide legal
advice in relation to them, or apply the law in relation to the
facts of your case. |