BKIP Limited

COPYRIGHT BKIP 2019
What happens to my application at the trademark office? Feb 2019
In the United States, to register your trademark the duration time is 6 months to a year or even longer. Once you have made your application it is sent to the United States Patent Trademark Office who will officially approve your trademark.
Your application will go through the following stages:
1. Examination -
Your trademark application is reviewed by trademark attorneys. If the trademark attorney finds that your trademark is causing confusion or is descriptive to a registered trademark or to a prior trademark this will mean your trademark cannot be registered. Also, if you have used your trademark previously, evidence of use maybe required. This is additional information regarding your trademark such as a catalog, or product photos to support your trademark. If your details are not clear such as entity type, color of trademark, name of applicant etc, these can cause delays in getting your trademark registered. The trademark attorney makes a report of their findings and issues an office action.
2. Office Actions -
This stage allows you 6 months to amend and respond to the problems that have arisen in the examination of your trademark. If you do not respond, your trademark will be abandoned. It is advised to respond timely. If you disagree with the examiners findings, you can file for an appeal with the Trademark Trial and Appeal Board. If your appeal is approved your trademark can be published. In the event it is not approved and you can further file a claim with the federal district court or to the US Court of Appeals.
3. Publication -
When your application has reached this stage it means that your trademark will be published in the Gazette. This has all the published trademarks in the United States. A written statement will be sent to you by the United States Patent Trademark Office. From the date of publication there are 30 days for anyone to oppose the trademark. For example, if anyone out there feels their mark maybe damaged or will cause harm they can file an opposition.
4. Certificate of Registration -
This is the final and exciting stage of your application process. You have been through all the prior hurdles and have overcome any oppositions. The United States Patent Trademark Office will issue a certified copy of your registered trademark. The certificate also provides the title of your trademark and the current status of it. The certification demonstrates proof of ownership of this trademark as yours. As we have seen the USPTO diligently ensures that your trademark is protected and correctly registered. The process is also fair as it gives you the opportunity to fight the system if you disagree with a decision at the examination process. All though a long process it is worth it in the end because with a registered brand name your mark is not only protected but recognizable to others of your products/services. This will make the reputation of your business grow.