Trademarks can be incredibly beneficial in protecting growing and established businesses. A trademark helps ensure that any intellectual property owned by a company can be protected. Securing brand recognition and unique distinguishing features of a business will not only help growth but can protect from losses should another business encroach upon the other’s intellectual property.
However, acquiring a trademark is not always a simple process. Applying for a trademark can be difficult, and it often takes a very long time before an application can be reviewed. Sometimes, applicants can wait for months before their application is reviewed, and even then acceptance is not guaranteed. Understanding how to monitor trademark status can help avoid mistakes that can set back the process.
For more information on trademark law in Chicago, Illinois, consider speaking with an experienced intellectual property lawyer from Sullivan & Carter, LLP. Schedule a consultation by calling the office at (929) 724-7529.
A trademark status shows which part of the process an application is in, including whether any action is required of the applicant. Once a trademark application is submitted, it will be assigned to a reviewing attorney who will evaluate the application and ensure that it meets standards set by intellectual property law. When this attorney finishes reviewing the application, they will send a response based on the decision they have reached. This status will determine the next steps for the applicant.
Trademarks are processed by the United States Patent and Trademark Office, and a trademark status is given to track the application’s progress through the bureaucracy of the office. Each trademark status has unique implications for the trademark process. These updates help applicants understand where their trademark is in the process, and what action steps may be required for them to proceed.
Once an application is submitted, it will be assigned to an examining attorney. Then, the application’s status will change to Under Examination. This attorney will follow the procedure to ensure that the trademark submitted is within the rules and regulations of the USPTO. Generally, this process takes about four months.
If the examining attorney discovers that some information or details are missing from the application, they will issue an office action. This missing information could be a similarity to an existing trademark, missing information in the application, or some other problem. When the attorney issues office action, the applicant must respond and provide the necessary information or adjustments. Responding promptly can help avoid abandonment of the application.
If there are no further issues with the application, or there were no issues in the first place, the examining attorney will publish the application in the Official Gazette for opposition. This status allows anyone to contest the trademark should there be any issue or conflict that arises with the content of the trademark. This trademark status will last for thirty days while the trademark is published and available for other parties to file an opposition.
If the application does not receive any opposition while published in the Gazette, the trademark proceeds to the next status, a notice of allowance. This means that the mark is allowed to be registered, but is not yet registered. This initiates a six-month window in which the applicant must submit a Statement of Use or file a six-month extension to submit a Statement of Use.
If the applicant fails to meet any of the relevant deadlines, such as the Office Action or the Statement of Use, the application may be terminated. In this situation, the trademark status will change to abandoned or dead. This indicates that the mark is no longer protected from use by other individuals.
However, if the applicant can meet all of the relevant deadlines and complete the process, their trademark status will be updated to registered. This means that the relevant marks in information are protected by the USPTO under intellectual property laws. Once this status is achieved, there should be little action required by the applicant until the trademark needs to be renewed.
For more detailed information on the trademark filing process, consider speaking with an experienced Chicago intellectual property lawyer from Sullivan & Carter, LLP.
When an application for a trademark is submitted, the applicant will receive a receipt that contains information such as the registration number, reference, or serial number. This number will allow the applicant to search their trademark status periodically to ensure they have responded appropriately. The applicant can use the Trademark Status and Document Retrieval Service (TSDR) to look up their documents.
The USPTO states that the applicant is responsible for monitoring and responding to any notices provided by the office. This includes the trademark statuses such as office action issued and submitting a statement of use upon receiving a notice of allowance. If either of these deadlines are not met, the trademark may be abandoned. This means the applicant must be diligent in monitoring their trademark status.
Monitoring trademark status can help prevent a trademark application from being abandoned. The USPTO is not responsible for any trademark applications being dropped because the applicants do not respond promptly. Therefore, if the applicant fails to monitor their trademark status, they may lose their application and have to start again. Proper monitoring can help save time, effort, and additional stress of abandoned applications.
Listed below are several frequently asked questions regarding trademark statuses and monitoring.
The USPTO offers an online trademark search service called the Trademark Electronic Search System (TESS), which can show if a mark or phrase has already been trademarked.
The length of the process varies for each trademark, but the USPTO approximates that the process takes around eighteen months. This process may expedited if the mark is already in use or has bona fide intent to use.
Having an instantly recognizable brand, protected from other competitors, can help a growing business thrive. Therefore, ensuring the protection of that brand is one key step that business owners can take to develop their professional pursuits and expand their influence. However, trademark applications and trademark statuses can be difficult to manage and understand. An experienced Chicago intellectual property lawyer from Sullivan & Carter, LLP can help explore the process and protect a business’s brand and trademarks. Consider scheduling a consultation by calling the office at (929) 724-7529.
Add your email below to receive the latest news, tips, and information from Sullivan & Carter, LLP.
Add your email below to receive the latest news, tips, and information from Sullivan & Carter, LLP.
