Commercial Use Based Application Process – United States 1(a)

Begin Filing Process

Prepare Documentation

Prepare Documentation

Once we have information from you, we can prepare the necessary documentation for you to approve the filing of the application. Typically, we need to know the Mark, Owner of the mark, the goods &/or services, the date the mark was first used, as well as providing evidence showing use of the mark on at least one good or service for each class. If the Mark is a design mark, we also need a JPG image of the mark in proper form.

File Application on Basis of Use

Filing the Application

Once we have everything we need to file, including your approval, we strive to file the application that same business day.

Examination by PTO

Examination by the PTO

Currently, the initial examination process by the PTO takes between four and six months.

Office Action

Office Action

If the PTO has any issues with the application then an official issues. The applicant then has six months to submit a response to the application for further review. This process can occur several times before the application is either approved or definitively denied. Click to see a flowchart of the office action process.

Application Approved?

Is the Application Approved?

If the PTO has any issues with the application they will issue an office action. The applicant then has the opportunity to submit a response for further review. If the applicant chooses not to respond, the application will be denied.

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Application Published

Publication

Once the application is approved, publication usually takes around six weeks. Once it is published, there is a thirty day window for parties to file an opposition to the trademark which can be extended by upto 90 days without any reasons given.

TTAB Opposition Process

The Opposition Process

If another party is opposed to the trademark application, then they can file an opposition, which commences an approximately two year process of administrative litigation before the Trademark Trial and Appeal Board determining if the mark can be registered. Click to see a flowchart of the opposition process.

Opposition Filed?

Is Anybody Opposed to the Application?

If another party is opposed to the application, they can file an opposition. The opposition process can take up to two years. Click to see a flowchart of the opposition process.

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Opposition Denied?

Is the Opposition Denied?

If the applicant is successful at the TTAB, the opposition will be denied and the application will be approved.

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Application Denied

Denial of Application

Appeals are possible to the District Court, but they are rarely done, and even more rarely are they successful.

Final Approval Issued

Final Approval

Once the publication is complete and there is no opposition, it takes an additional six weeks for the registration to issue.

Process Complete

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