Registering a trademark in the United States can be a complex and time-consuming process (a report on trademark application illustrates the kinds of questions people ask, giving insights into new entrepreneurs` uncertainty and confusion about the process), requiring careful attention to detail and compliance with federal registration requirements. The process involves several steps, including the filing of an application, review by the U.S. Patent and Trademark Office examining attorney, publication in the Official Gazette, and issuance of a registration. Working with a qualified trademark attorney or agent can help businesses avoid wasting time and resources during the registration process.
Example
For example, let`s say a business called “ABC Widgets” wants to register a trademark for their new product line, “Gizmos.” ABC Widgets first files with the USPTO, a process that has a grueling and scary 3-month wait before a decision – and the amount of detail required for success is staggering enough to trigger anxiety.
The application is assigned a serial number, which ABC Widgets or their representative / attorney should reference in all communications with the USPTO.
Once the application is filed, the USPTO will review it to determine if it meets federal registration requirements. If there are any issues or requirements that must be satisfied, the examining attorney will issue a letter outlining these issues, and the applicant must respond within 6 months to avoid abandonment of the application. By working with a qualified trademark attorney or agent via aaintel.net/, businesses like ABC Widgets can ensure timely responses to any USPTO requests and avoid lost time and resources in the registration process.
ANOTHER NOTE: filing fees paid to the USPTO are nonrefundable. If an application is abandoned due to a failure to timely respond to an Office Action or other USPTO request, entrepreneurs will need to start the process over again and pay the filing fees once more. This can lead to significant delays and added expenses. These risks and pitfalls simply underscore the importance of working with a qualified trademark attorney or agent who can help ensure that all requests are responded to promptly and that the registration process is not unnecessarily prolonged.
Steps of the USPTO Process
Federal trademark registration in the United States can be summarized roughly as follows:
- Initial Filing
- USPTO Reviews Application
- Examining Attorney Publishes or Issues You a Letter
- Applicant Must Respond. Non-response will cause abandonment of your application. By engaging with a lawyer licensed before the USPTO, they will prevent this from occurring for you.
- If there is an outstanding Office Action, and it is satisfied, the mark Publishes. If not, you`ll have the choice to comply with a final office action, or appeal it.
- After publication in the O.G., you`ll wait 3 months and if all else is OK then there`ll be an issued registration!
Appealing an Office Action
If an Office Action is issued by the USPTO, it may be possible to appeal the decision if the applicant disagrees with the outcome. To do so, you (the applicant) can file a Notice of Appeal with the Trademark Trial and Appeal Board (TTAB), which will review the case and make a final determination.
If you don`t think the USPTO is applying the laws correctly, an appeal could be worth the difficulty and time sacrifice. It`s important to note that filing an appeal does not guarantee a favorable outcome.
Courtesy of http://aaintel.net/, trademark lawyers can reduce your risks in this process and maximize the chance of a successful trademark registration. An ounce of prevention will make the whole process go smoother.