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Trademark Protection

LEGAL AND PROCEDURAL REVIEW OF APPLICATION

Approximately 3 months from the date your application is filed, the application is assigned to an examining attorney to determine whether federal law permits registration. The examining attorney will examine the written application, the drawing, and any specimen, to ensure that they satisfy all of the federal legal requirements. Federal registration of trademarks is governed by the Trademark Act of 1946, 15 U.S.C. §1051 et seq., and the Trademark Rules of Practice, 37 C.F.R. Part 2.

The examining attorney may issue a letter (Office action) explaining any reasons for refusing registration or other requirements. If you receive an Office action, you must submit a response within 6 months of the issue date of the Office action. Your filing fee will not be refunded if the application is refused registration.

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Trademark Protection

What if I don’t receive USPTO e-mails because they get blocked as spam?

You must meet all your filing deadlines in the registration process regardless. If you find through your periodic status check that you didn’t receive a letter or notice we issued, then access the letter or notice using TSDR to see if you need to respond. Enter your application serial number and click on the “Documents” tab to see a list of all the documents and submissions for your application. Click on each separate listing to see the contents of a specific document.

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Trademark Protection

How do I check the status of my application?

Check the status of any pending application using the TSDR system. You must have your application serial number (a serial number is an eight-digit number that usually begins with 79, 85, 86, 87, or 88). Enter your application serial number and click on the “Status” tab. You may also contact the Trademark Assistance Center (TAC) at 1-800-786- 9199 (select option one) or TrademarkAssistanceCenter@uspto.gov to request a status check.

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Trademark Protection

What must I do after I file the application?

Diligently keep track of status changes to your application and whether we have sent applicationrelated e-mail communications or notices that you need to respond to. This means you must:

Check the status of your application at least every six months. The assigned examining attorney will review your application at about three months after the filing date. The overall registration process could take up to a year, or longer, depending on several factors, such as the filing basis of the application and how complete your application is at the time of filing. For a general process timeline for an application filed under the intent-to-use basis, see page 30. See process timelines for applications filed under different filing bases online.

Respond to any issued office action or notice within the appropriate time frames—generally within six months of the issue date. Promptly contact us if you believe something is incorrect in your application record.

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Trademark Protection

After I file my application, will I receive any notices or communications from the USPTO?

Yes. Starting with a filing receipt for your application, we will e-mail you communications about your application. We issue all trademark application-related notices and communications by e-mail from the domain “@uspto.gov.”

You and your attorney, if you have one, must each provide a current e-mail address with your application, regardless of whether it is TEAS Plus or TEAS Standard, and keep that e-mail address up-to-date to ensure all USPTO communications related to your application are received. If you have an attorney, all USPTO communications will go to your attorney. Otherwise, they will go to you.

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Trademark Protection

How do I sign an electronic application?

In an electronic application, you enter an electronic signature on the form by typing your signature, which consists of any alpha and/or numeric combination of your own choosing, between two forward slashes. Examples of acceptable signatures include /john doe/, /jd/, or / d123/. It is not permissible for one person to enter another person’s signature.

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Trademark Protection

Who may sign the application?

If you own the mark and are applying in your individual capacity and not as a business entity, you may sign the application. If a business entity owns the mark, then the person who may sign the application on behalf of that business is (1) someone with firsthand knowledge of the application contents and authority to act for the owner or (2) someone with legal authority to bind the owner such as a general partner or a corporate officer. If the applicant is represented by an attorney, the attorney may sign the application on behalf of the applicant.

Please note different requirements exist for who may sign other types of documents that applicants must file with the USPTO regarding their application. All documents, including the application, are legal documents; accordingly, the proper person must sign each document for the USPTO to accept it.

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Trademark Protection

How do I file the specimen?

You must attach an image file of your specimen in .jpg or .pdf format. To show the context in which the mark is used, you should include as much as possible of the label, advertisement, or web page in the image.

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Trademark Protection

When do I file the specimen?

If your application is based on use in commerce, you must submit one specimen for each class of goods and/or services with your application.

If your application is based on intent to use, you must submit one specimen for each class of goods and/or services when you file an allegation of use. The allegation of use may be filed either before publication (called an Amendment to Allege Use) or after publication (called a Statement of Use). For more information on publication, see the “PUBLICATION FOR OPPOSITION” section on page 27. For more on the Allegation of Use, see the ““HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-USE” APPLICATION” section on page 28.

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Trademark Protection

What is not a proper specimen for services?

Printer’s proofs of advertisements or news articles about your services are not acceptable because they do not show your use of the trademark. In addition, the specimen should not be a:

  • Digitally altered image or photograph
  • Computer illustration
  • Artist’s rendering
  • Mock-up of an advertisement or web page
  • Web page address