Registering a trademark in the United States can be a complex and time-consuming process (a report on USPTO illustrates the kinds of questions people ask, giving insights into new entrepreneurs` uncertainty and confusion about the process), requiring careful attention to detail and compliance with federal registration requirements. It`s a heck of a procedure, from initial filing to your application undergoing the watchful eye of your USPTO examining attorney. Working with a qualified trademark attorney or agent can help businesses avoid wasting time and resources during the registration process.
Example Trademark Registration
Suppose that “ABC Widgets,” a business, wishes to register a trademark for their new product line, “Gizmos.” ABC Widgets first files with the USPTO, a process that has a grueling and scary 3-month wait before a decision – and the amount of detail required for success is staggering enough to trigger anxiety.
Each trademark application is assigned a serial number, by which the USPTO tracks all communication on your trademark registration – so you better include it in all correspondence with the USPTO.
Your trademark application is then reviewed and scrutinized for federal trademark standards. If the examining attorney doesn`t like your trademark, you`ll get a letter with action steps to address these issues – with a 6-month deadline before your application is abandoned. By having an attorney or agent on their side such as through aaintel.net, entrepreneurs can navigate the complex process of trademark registration and ensure that their application is approved as quickly as possible.
Here`s something else… filing fees to the USPTO are nonrefundable, which means that if an application is abandoned due to a failure to timely reply to an Office Action or other USPTO request, the applicant will have to start over again and pay the filing fees again. This can result in significant delays and added expenses, making it even more important to work with a qualified trademark attorney or agent who can help ensure timely responses and avoid the risk of abandonment. This can result in significant delays and added expenses, making it even more crucial to work with a qualified trademark attorney or agent who can help ensure timely responses and avoid the risk of abandonment.
Summary of the U.S. Trademark Registration Steps
Federal trademark registration in the United States can be summarized roughly as follows:
- Initial Filing
- USPTO Reviews Application
- Examining Attorney Publishes or Issues You a Letter
- Applicant must repond to an office action. If they do not timely respond, USPTO considers the application abandoned. By engaging with a lawyer licensed before the USPTO, they will prevent this from occurring for you.
- If there is an outstanding Office Action, and it is satisfied, the mark Publishes. If not, you`ll have the choice to comply with a final office action, or appeal it.
- Upon Publication in the Official Gazette, There is a 3-Month Period Before the USPTO Issues a Registration.
Appealing an Office Action
Entrepreneurs who disagree with a decision made by the USPTO can file a Notice of Appeal with the Trademark Trial and Appeal Board (TTAB). This board will review the case and make a final determination. This can be a complex and time-consuming process, but it may be a viable option for businesses that feel their trademark application has been unfairly denied or subject to excessive requirements.
As complex and as much of a last resort it could seem, appeals might be the option for those who feel the USPTO is treating them unfairly. However, do consider that appeals can be complex and time-consuming, and they do not guarantee the results you need.
Courtesy of AAIntel, trademark lawyers can reduce your risks in this process and maximize the chance of a successful trademark registration. An ounce of prevention will make the whole process go smoother.
