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The US Trademark Filing & Registration Process

Posted by Barry Choobin | Mar 21, 2024 | 0 Comments

Discover the comprehensive US trademark filing & registration process for a new application. This filing process can help protect a brand's identity and acquire exclusive rights for commercial usage of a mark. Additionally, trademark registration helps prevent competitors from stealing the mark. Typically, trademark filing and registration may take up to several months – depending on the complexity of the application. As a business owner yourself, carefully follow the filing process to avoid common issues during USPTO's examination for successful registration. Work with an experienced trademark attorney in California to navigate the entire procedure and respond to office actions. Read on to learn about the US trademark filing and registration process.

Determine The Type Of Trademark You Need

The first step of the US trademark filing process is to determine the type of registration you need. Typically, you can choose between a standard character and a special form trademark to register a new application. Carefully select the trademark type as it may affect the protection scope and overall filing requirements. For instance, you may use a standard character format to register for register words, letters or numbers. Typically, these basic trademark applications require limited information during submission. Meanwhile, a special character format may help protect a mark with colored design elements, stylized words, and unique typographies. For these applications, you may be required to submit a JPG file, color claims, and trademark description. Definitely, work with your attorney to identify the registration type you need for trademark filing in the US.

Perform An Initial Trademark Search

Performing an initial prior art search is the next step in the US trademark filing and registration process. Ideally, the registration procedure should only begin after a comprehensive trademark search to prevent USPTO rejection. Top-rated attorneys utilize the patent office's Trademark Electronic Search System (TESS) to look for existing trademarks. Typically, trademark search helps identify applications with similar names, marks, or nature. Additionally, your attorney may browse through business registries, domain name databases, and social media platforms to ensure your application does not infringe on existing trademarks. Indeed, consider the initial trademark search in the US a crucial step of the filing & registration process.

Prepare Your Trademark Application

At this stage of the US trademark filing and registration process, you are ready to prepare your application. To prepare for filing, experienced trademark attorneys gather the required information – including the applicant's name, address, citizenship, and email address. Plus, you may also need to provide a list of goods & services intended to be used with the registered trademark. The preparation process also requires several technical and strategic decisions to avoid the chances of USPTO rejection. Always work with a trademark attorney to prevent avoidable mistakes, speed up the process, and identify the relevant filing basis. Plus, your attorney may help prepare a signed declaration to represent yourself as the owner of the mark. Indeed, prepare your trademark application for US filing and registration.

Submit The Trademark Application For USPTO Examination

Next, the US trademark filing and registration process requires application submission for the USPTO examination. Upon successful submission, USPTO may take up to a few months to assign an examining officer to your application. These USPTO examiners review the submitted application to evaluate its entitlement for trademark registration in California. Based on the examiner's review, your application may receive approval for publication or get an office action. Work with your attorney to respond to office actions with an acceptable response for the examiner's approval. During the examination process, you can track the application progress through USPTO's electronic search system. Definitely, submitting the application for USPTO examination is an unavoidable part of the US trademark filing process.

Register Your Trademark In The US

In the final step of the trademark filing process, you are ready to register your application in the US. After approval, the examining officer approves the trademark application for USPTO's publication. Once published, third parties and potential competitors may file an opposition to object to the registration. USPTO requires these third parties to respond with an objection within 30 days. When not opposed, your application moves forward for final registration. At this stage, USPTO issues an allowance notice to use the mark for up to six months. After six months, your attorney will help submit a Statement Of Use (SOU) to successfully register the trademark. Indeed, registration is the final step of US trademark filing.

The US trademark filing and registration process includes several integral steps. Typically, the trademark registration process begins with identifying the type of protection required. Next, experienced attorneys perform comprehensive trademark search to identify similar trademark applications in USPTO's databases. In the next step, your lawyer may gather necessary trademark-related information to prepare the application. Upon successful preparation, file the trademark application online for USPTO's examination. Once approved by a trademark examiner, your mark is ready to be registered in the US. Follow the points above to learn more about the US trademark filing and registration process.

About the Author

Barry Choobin

Barry Choobin with Jonathan W. Dudas. Jonathan W. Dudas served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office until January 18, 2009. Barry Choobin is Chief Executive Officer at Patent 360 LLC. Applying his business and tech...


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