Business.Financial

To File USPTO Trademarks – How difficult is it?

“USPTO Trademark Registration Outline”

Filing a trademark the first time seems more complicated as it is, especially when done for the U.S. (USPTO), as you actually do not know what to expect in regards of paperwork and communications.

Even when you think everything is done, you might get another important email! Therefore, filing a trademark with the USPTO is not that easy in comparison to the one for the EU.

U.S. TM application require often a lot of paperwork and although enough time is given, it is easy to miss a deadline. For new USPTO applicants, I do recommend to use a well known trademark firm such as Trademarkia who has a lot of service options and who have streamlined the whole filing process.

In my opinion you can file an EU application easily by yourself after you made a Trademark research but not so for the USPTO where there are more deadlines to be aware of and to keep: Office Action, Amendments, Notice of Allowance and Publications etc.

Anyway, under your U.S. Trademark Serial Number, you can always find out the current status of your application via the TARR document retrieval system at http://tarr.uspto.gov/.

Expect one year (or longer) until everything is completed given that you do not forget to answer USPTO questions send to you via email. If you miss a deadline, the application you have paid for will be likely rejected.

In comparison, a Trademark for the EU can be registered within even 5 months (with some luck) and the paperwork is far less. You seldom here from the Trademark Authorities unless there is a problem.

But if one EU country rejects your Trademark (for example as it exists already), all other EU countries will reject your application automatically as well. Note also that you need an EU representative in case you are not belong to an EU member state.

Below is an outline how a Trademark application might be handled via USPTO. Note that your ones might look somewhat different, but the basic procedure is as outlined below.

Word TM Timeline – Latest Action Steps Sorted First:

– Notice of Allowance (NOA) — (IMPORTANT!)
No opposition was filed for this published application.

– Notice of Publication
The mark identified has been published in the Trademark Official Gazette (OG).

– Publication & Issue Review Complete

– Amendment and Mail Process Complete — (IMPORTANT!)

– TRAM Snapshot of App at Pub for Oppostn
Trademark Snap Shot Publication Stylesheet

– Examiners Amendment — (if any)

– Notation to File

– Amendment and Mail Process Complete — (IMPORTANT!)

– Response to Office Action

– Change of Address (if any)

– Offc Action Outgoing (IMPORTANT!)

– XSearch Search Summary

– Application

– drawing
(start)

Again, use a Trademark lawyer or Trademark firm if you are not sure how to do the whole process. Initial mistakes can be corrected but in the end you must do it right or your costly application will be rejected.

Most important is however that you have an eye on the current online status of your application, wherever you file it. That way, you don’t miss anything because emails can get lost.

For this article, be aware of our disclaimer below.

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