Trademark registration chronology

May 11, 2023 0 Comments

Trademark registrants normally must allow at least 12 to 18 months to register a trademark. Registering a trademark includes continuing your trademark application through different phases of the trademark application process. A trademark attorney can provide trademark help with all parts of trademark documentation, including

1.Brand setting

2. Review in a trademark search

3. Educate you about the means of obtaining a trademark or the cost of registering a trademark, all of which improve the likelihood that you will obtain a trademark.

The examination process

1. The trademark legal advisor reviews the trademark application and decides if the stamp can be registered under

A. United States Patent, and

b. Trademark Office (USPTO)

2. If the USPTO trademark counsel decides not to register the mark, they will issue a letter clarifying the purposes of the refusal.

3. The applicant must react to any objection within six months, otherwise the trademark application will be deemed to have been withdrawn.

4. Registering with a trademark attorney can help you effectively fight this underlying rejection.

The most widely recognized reason USPTO trademark counsel rejects a registered trademark is the likelihood of confusion between the applicant’s mark and a previously registered mark or that the mark is merely expressive in relation to the goods and services of the applicant. applicant.

Publication for Opposition

1. The second stage for the registration of a trademark is the publication for opposition.

2. In the event that USPTO trademark counsel fails to file protests against the registration of a trademark, or

3. If the application overcomes all objections, the USPTO trademark attorney will favor production of the mark in the Official Gazette.

4. The USPTO trademark attorney will send a Notice of Publication to the applicant stating the date of publication.

5. Any meeting that is confident that it may be harmed by the registration of the mark has 30 days, counted from the date of production, to register an application in order to extend the period to oppose. In the rare case of a restriction, a trial-like procedure is carried out to decide whether the resistance depends on substantial grounds, for example, that the candidate’s score is confusingly similar to the opponent’s score. If no opposition is documented or the restriction is unsuccessful, the trademark search application becomes a registered trademark or receives a Notice of Grant.

Registration or Notice of Assignment

The third stage of trademark registration is the issuance of a trademark registration or Notice of Authorization. In the event the trademark application was for a mark actually used as part of the business, the USPTO’s trademark attorney would register the mark and issue a certificate of registration approximately four months after the mark’s publication date.

If the trademark documentation relies on an Intent to Use premise, the USPTO’s trademark attorney will issue a Notice of Authorization approximately four months after the date of publication. At that time, the candidate has half a year from the date of the Allocation Notice to

Use the mark in business and submit a Statement of Use, or

Request a six-month increase in the time to file a Declaration of Use. If the Statement of Use is documented and confirmed, the USPTO’s trademark attorney will issue a certificate of registration.

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