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Trademark 101: Examining your application -

  • Writer: Amy N
    Amy N
  • Jun 11, 2024
  • 2 min read

When diving into the world of trademark applications, think of the process like preparing for a big trip—it's all about careful planning and knowing the route. Here's a no-fuss guide to what happens when you submit your trademark application, based on the nuts and bolts from the USPTO.

First off, after you submit your application, it doesn't just float in the bureaucratic ether; it gets assigned to an examining attorney. This person checks your application to make sure it ticks all legal boxes and that your trademark can indeed be registered. This is where your homework on selecting a distinctive mark pays off because if it's too similar to existing trademarks, you might get a red light.



The examining attorney might send you an "Office Action," which is basically a fancy term for feedback. This might ask for clarification or raise concerns about your trademark. It's not a rejection; think of it as a chance to tweak your application to make it stronger.

If all goes well and your mark is unique and squeaky clean, it will be published in the Official Gazette. This publication is a weekly newsletter from the USPTO, and it’s your trademark's debut to the world. At this stage, anyone who thinks your trademark treads on their toes has 30 days to oppose it.

Assuming no one throws a spanner in the works and your application doesn't face any opposition, your trademark will be registered. Congratulations, you’ve officially staked your claim in the trademark world!

Throughout this journey, keep tabs on your application status through the USPTO’s online system, TSDD. It's wise to check every few months, so you don’t miss any deadlines or updates.

And remember, while you can embark on this adventure without a trademark attorney, especially if you're based in the U.S., having one by your side can make navigating this process smoother, particularly if legal complexities pop up​

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The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Attorney-client relationships are not constituted by receiving or viewing this information. Every case is different. Stories and testimonials are evidence of past results and do not guarantee conformity to any case.

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