Maiorana, P.C.

USPTO - Trademark Registration Process

Federal Trademark Registration Process

Registering a Trademark is easier than filing a Patent Application, discussed here. The first step is to "file" a trademark application.

Once a federal trademark application has been filed, the trademark application is examined by a trademark attorney at the Trademark Office to determine if there is any reason the trademark (sometimes just called a "mark") should not be registered.

If a reason is found, the Applicant will be notified. One of our Trademark Lawyers will have a chance to respond or amend the trademark application.

If the application passes the examination, the trademark is published in the Official Gazette of the USPTO to see if anyone wants to challenge trademark registration by filing what is called an “Opposition.” An Trademark Opposition is a request by someone other than the trademark owner (a third party) asking the USPTO to deny registration of a trademark.

In the Opposition phase, someone who wants to block the trademark from being registered has 30 days from the publication date either to formally file their opposition in the USPTO or request an extension of time to file an opposition.

When the 30 day opposition period has expired and no opposition or extension request has been received by the USPTO, the application is passed to the final phase for registration in the case of an actual use application or for issuance of a Notice of Allowance in the case of an intent to use application.

The USPTO record for the application will indicate when there was no opposition and provide the date on which the trademark is registered (e.g., put on the principle register) or the Notice of Allowance is issued.

Once the trademark is registered, the USPTO will send out the official Certificate of Registration to the Applicant.

As Michigan Trademark Attorneys, we can help you get though this process efficiently.

Call to set up your initial interview. MI - 586-498-0670 or CA - 408-890-6549.

  • Robert Miller
  • September 2017
Topics: Trademark Registration Process, Trademark Opposition, Official Gazette, Michigan Trademark Attorneys

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