Checking The Status Of A Trademark Registration
Registering a Trademark can take between eight to ten months on average; in fact, sometimes it can take up to a year or more prior to approval.
In order to ensure a smooth Trademark registration, check the status of your Trademark and follow up as required. Failing to properly check the status of your Trademark registration could not only lengthen the process considerably, but also cause your Trademark application to be abandoned altogether.
The following is some information you should consider when checking the status of your Trademark registration:
Why You Must Check the Status of Your Trademark Registration
There are many reasons why you must frequently check the status of your Trademark.
At the time of your initial Trademark filing, you will send quite a bit of information to the United States Patent and Trademark Office (USPTO), and a USPTO attorney – known as “examining attorney” – will review your application. Once this initial review is complete, if the USPTO needs any additional information, the examining attorney will issue an “Office Action,” and must be returned within six months. Furthermore, knowing about the issuance of an Office Action is critical because failure to respond on time can lead to the abandonment of your filing. The USPTO will not inform you directly of the issuance of an Office Action, which is one of the main reasons you must frequently check the status of your Trademark registration.
Once your application is approved, a 30-day “opposition window” will open, during which any third parties could attempt to oppose your Trademark filing. If any oppositions are filed against your Trademark, they will also be listed on your Trademark status.
How to Check the Status of a Trademark Registration
To check the status of a Trademark, all you need to do is go to the USPTO website and enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to view the status of all of your pending and registered Trademarks.
However, if you are unable to view your status on the TDSR for any reason, you can call the USPTO directly during business hours.
Understanding the Status of Your Trademark
While accessing your Trademark status through the TSDR page may be simple, understanding what the status of a Trademark means to the registration process is a bit more challenging. Common Trademark statuses include the following:
Under Examination – Your application has been assigned to an examiner. The initial examination phase will take approximately four months to complete.
Office Action Issued – If the examining attorney finds any problems with your Trademark, he or she will issue an Office Action. This could be because your Trademark is confusingly similar to an existing Trademark, or because your Trademark does not meet other legal requirements.
Published for Opposition – If the examining attorney has no objections to your Trademark registration, the USPTO will publish your Trademark in the Official Gazette, allowing any third parties, who believe your Trademark should not be registered, 30 days to file an opposition.
Notice of Allowance – The USPTO allows your Trademark for registration and initiates a six-month period within which you will need to provide a Statement of Use.
Abandoned/Dead – If you do not respond to Office Actions in a timely manner or file the Statement of Use before the deadline, the USPTO will list your application as “Abandoned” or “Dead.” Once a Trademark application is abandoned, there is nothing protecting the Trademark from use by another individual.
Registered – Your Trademark has been officially registered. The USPTO does not require any additional information or action from you and you are now free to use the ® symbol.
Working With a Trademark Attorney
It is essential to check the status of your Trademark application to make sure you meet every deadline and take all necessary steps to solve any problem that may develop during the process.
Even though viewing the status of your Trademark registration is easy, understanding the nuances of the process and responding to office actions and oppositions is not. This is why you must always work with an experienced Trademark Attorney.
When you work with Jurado & Farshchian, P.L., one of our trained Trademark Attorneys will monitor your Trademark status frequently, check to confirm that the USPTO has received all requested documentation, and properly and timely respond to Office Actions and oppositions.
We can ensure your Trademark registration process moves smoothly while saving you time and obtaining protection for your Trademark as soon as possible.
To schedule an initial consultation with one of our experts, call us at (305) 921-0440 or send us an email to [email protected] today!
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