Filing a trademark application commences the legal process with the United States Trademark Office and there are several legal requirements and deadlines that must be met, as well as additional trademark filing fees that may be required, to ensure a smooth trademark registration process. The following trademark application timelines provide an overview of the trademark registration process. Note that trademark law is a complex area of law and the following summary is an overly simplistic overview of the trademark registration process.
Trademark Application Based on Intent to Use
A Section 1(b) filing basis, or an Intent to Use trademark application, is applicable when you have not yet started using your trademark. You must use the trademark and pay an additional trademark filing fee prior to registration. Below is a simplistic overview of the trademark registration process:
- Trademark Application Filed
- Examining Attorney Reviews Trademark Application
- Examining Attorney Issues Office Action
- Trademark Attorney Responds
- Examining Attorney Publishes Mark
- Statement of Use (SOU) Filed by Trademark Attorney
- Examining Attorney Reviews SOU
- SOU IS Approved By Examining Attorney
- Trademark Registers with USPTO
- Trademark Attorney Files Declaration
Trademark Application Based on Use in Commerce
A Section 1(a) filing basis, or an Actual Use trademark application, is applicable when you are currently using your trademark in commerce with all the goods/services in your application. Below is an overview of the trademark application timeline and process.
- Trademark Application Filed
- Examining Attorney Reviews Trademark Application
- Examining Attorney Issues Office Action
- Trademark Attorney Responds
- Examining Attorney Publishes Mark
- Trademark Registers with USPTO
- Trademark Attorney Files Declaration