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What is the U.S. trademark application process?

1. Application submission date

The United States Trademark and Patent Office (USPTO) is the official agency responsible for U.S. patent and trademark applications and approval procedures. After the trademark application is submitted, the official will provide the trademark application receipt in real time. Usually about 5 working days after the application is submitted, the trademark application will be entered into the official database. At the same time, it can be queried on its website based on the application number on the application receipt. After receiving the registration application, the official will conduct a formal review to determine whether it meets the basic requirements for trademark registration. If it does not comply, the official will directly reject the trademark application.

2. Official review

About four months after submitting the application, the official examiner will be responsible for reviewing and deciding whether the trademark can be registered. If not, the examiner will issue an examination opinion and indicate the reason for return or the changes that need to be made. Applicants must respond within six months of receipt of the letter, otherwise the application will be terminated. If the applicant's response is untenable, the examiner will issue a final rejection. Applicants may appeal to the Trademark Examination and Appeal Board.

The main reason for rejection is that the previously registered trademark is similar to it. Descriptive trademarks related to the applied goods or services, trademarks with geographical names or other reasons may also be rejected.

3. Announcement of objections

If the registration application is not returned or the applicant’s reply is justified, the trademark will be printed on the trademark announcement. The official will send a notice to the applicant to inform the announcement date. The next 30 days will be the objection period (any third party who intends to raise an objection can apply to the official to extend the objection period. The default is an additional month, but you can apply for a longer period).

4. Registration and issuance of trademark certificate

If the application is based on the actual use of the trademark in the United States and no objection is raised, the official will issue a paper registration certificate 12 weeks after the announcement. (With U.S. Trademark and Patent Office stamp).

If the trademark registration application is based on the applicant's intention to use the trademark in the United States, the official will issue a notification 12 weeks later. Within 6 months, the applicant can (1) use this trademark and submit a statement of use (the official will charge relevant fees), or (2) apply for a 6-month extension (can apply for extension multiple times, the official will charge relevant fees). After the declaration of use is submitted and approved, the official will issue a paper registration certificate.