What is involved in the trademark registration process?

The trademark process starts by submitting your application to the USPTO.Though an application may be filed at any point, filing an application does not guarantee registration. To increase your chances of securing a registered trademark, it is encouraged that you work with a skilled lawyer.

Your application is received and reviewed by the USPTO. A trademark examiner may reject the application for procedural or substantive issues. An applicant is permitted to respond to the rejection with amendments, arguments, or necessary evidence to overcome the rejection. Multiple rejections may issue during examination and an applicant may eventually appeal an adverse decision by the trademark examiner to the Trademark Trial and Appeal Board for review.

After examination and prior to registration, all marks must be published in the Official Trademark Gazette. For a 30 day period after publication, any third party who may be affected by registration of the mark is allowed to oppose the registration. Once the opposition period has passed withoutincident or once an applicant has successfully overcome all oppositions, the mark may register. If the mark is filed on an intent-to-use basis, the applicant must still file a Statement of Use prior to registration.