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Trademark FAQ

What happens after the international application has been submitted to the USPTO?

If the international application meets the requirements of 37 C.F.R. §7.11(a), then the USPTO will certify that certain information in the international application is the same as the information in the U.S. basic application or registration and forward the international application to the International Bureau.

If the international application does not meet the requirements of 37 C.F.R. §7.11(a), then the USPTO will not certify the international application. The USPTO will notify the international applicant of the reasons why the international application cannot be certified. The certification fee is not refundable. The international applicant may promptly resubmit a corrected international application based on the same U.S. application or registration. The certification fees must be included with the new submission.  Alternatively, the international applicant can file a petition to the Director to review the denial of certification.  Timeliness of petitions is paramount as the international registration date may be affected if the petition is filed too late after issuance of the denial of certification.

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