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Step 3: Trademark Registration

After your Trademark Application is filed it has to go through a number of stages before it matures into registration

It is rare that a federal trademark application will be immediately granted after filing. Usually, it will be approximately 7-9 months from filing before formal review of a new trademark application will occur. At this point, you will likely receive a communication from the United States Patent and Trademark Office in a form of a letter (so called an "Office Action") that sets forth the legal status of your trademark application and objections to registration (for example a request to amend the goods/services description, or a substantive registration refusal based on a likelihood of confusion with another's trademark, descriptiveness or genericness of the mark, etc). An Office Action would require your response within a set period of time or you application will be declared abandoned. Because most trademark applications receive at least one Office Action, do not despair if you receive one. Depending upon the rejection(s) you receive, there are legal and factual arguments that can be made to overcome these rejections.

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the application enters the next stage of the registration process (like publication of the mark so any party who believes it may be damaged by registration may oppose the application, filing a Statement of Use or obtaining an extension of time if the mark was not in use at the time of the filing of the application, etc.). Once the opposition period passed and you have proved use of your trademark, your trademark application is approved for registration. With the payment of requisite government fees, you are granted a registered trademark.

If you would like additional information about trademarks, or need assistance with any stage of the trademark procedure, please contact our Trademark Attorney us via email at info@ownyourtrademark.com, calling 1 (201) 645-5616 or live chat.

In order to lower your expenses, we offer our clients our most popular Trademark Search and Registration Package.

 

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