Step 1: Is a trademark application right

for you?
Trademarks, patents, copyrights, domain names, and business name registrations all
differ, so it is important to learn whether a trademark is appropriate for you.

 A trademark typically protects brand names and logos used on goods and
services.
 A patent protects an invention.
 A copyright protects an original artistic or literary work.
 A domain name is part of a web address that links to the internet protocol
address (IP address) of a particular website.

For instance,
if you invent a new kind of vacuum cleaner,
you will apply for a patent to protect the invention itself.
You would apply to register a trademark to protect the brand name of the
vacuum cleaner. And you might register a copyright for the TV commercial
that you use to market the product.

A domain name is part of a web address that links to the internet protocol address
(IP address) of a particular website. For example, in the web address
https://www.uspto.gov," the domain name is "uspto.gov." You register your
domain name with an accredited domain name registrar, not through the USPTO.

A domain name and a trademark differ from each other. A trademark identifies
goods or services as being from a particular source. Use of a domain name only as
part of a web address does not qualify as source-indicating trademark use, though
other prominent use apart from the web address may qualify as trademark use.
Registration of a domain name with a domain name registrar does not give you any
trademark rights. For example, even if you register a certain domain name with a
domain name registrar, you could later be required to surrender if it infringes on
someone else's trademark rights.

Step 2: Get ready to apply.

Selecting a mark
Once you determine that the type of protection you need is, in fact, trademark
protection, then selecting a mark is the very first step in the overall
application/registration process. This must be done with thought and care because
not every mark is registered with the USPTO. Nor is every mark legally protectable,
that is, some marks may not be capable of serving as the basis for a legal claim by
the owner seeking to stop others from using a similar mark on related goods or
services. Businesses and individuals new to trademarks and the
application/registration process often choose a mark for their product or service that
may be difficult or even impossible to register and/or protect for various reasons.
Before filing a trademark/service mark application, you should consider:
1. Whether the mark you want to register is registrable, and
2. How difficult it will be to protect your mark based on the strength of the
mark Identification of goods and/or services

Trademark attorney
Do I have to use one?
 Yes, if you are foreign-domiciled. You must be represented at the USPTO
by an attorney who is licensed to practice law in the United States.
 No, if you are domiciled in the United States or its territories.
Although you are not required to have an attorney, we strongly encourage
you to hire a U.S.-licensed attorney who specializes in trademark law to
guide you through the application process.
Step 3: Prepare and submit your
application
Set up a USPTO.gov account
To access the Trademark Electronic Application System (TEAS), you need to log in to a
USPTO.gov account with two-step authentication. Set up your USPTO.gov account.
Trademark application
Apply online through the TEAS. View trademark fee information.

Note: The application fee is a processing fee. Not all applications result in registrations. Your
fee will not be refunded, even if ultimately no registration issues. Read about personal
information in Trademark records before you file.
Monitoring application status Throughout the entire process, you are responsible for
monitoring the progress of your application through the Trademark Status and Document
Retrieval (TSDR) system. We recommend checking the status of your application every three
to four months after the initial filing of the application, because otherwise you may miss a
filing deadline. See checking status for more information about this.
Applicant's address and email address
It is critical that, you maintain and update your address, including your email address.
Watch the After You File video for an overview of the most important issues to be aware of
after filing a trademark application.
Step 4: Work with the assigned USPTO
examining attorney
USPTO reviews application
After the USPTO determines that you have met the minimum filing requirements, an
application serial number is assigned, and the application is forwarded to an
examining attorney. This may take several months. The examining attorney reviews
the application to determine whether it complies with all applicable rules and
statutes and includes all required fees. Filing fees will not be refunded, even if the
application is later refused registration on legal grounds. A complete review includes
a search for conflicting marks and an examination of the written application, the
drawing, and any specimen.
USPTO issues letter (office action)
If the examining attorney determines that a mark should not be registered, the
examining attorney will issue a letter (office action) to you explaining
any substantive reasons for refusal, and any technical or procedural deficiencies
in the application. If only minor corrections are required, the examining attorney
may contact you by telephone or email.
Applicant timely responds to letter
If the examining attorney sends you an office action, you, or your attorney, if you
have one, must submit a response to the office action that is received by the USPTO
within three months of the issue date of the office action, or the application will be
declared abandoned. An optional three-month extension can be requested for a
fee. For Madrid applicants, the deadline is six months from the issue date of the
office action, with no option for an extension.
Step 5: Receive approval/denial of your
application
USPTO publishes mark
If the examining attorney raises no objections to registration, or if you overcome all
objections, the examining attorney will approve the mark for publication in the
"Official Gazette," a weekly publication of the USPTO. The USPTO will send you a
notice of publication stating the date of publication. After the mark is published in
the "Official Gazette," any party who believes it may be damaged by registration of
the mark has 30 days from the publication date to file either an opposition to
registration or a request to extend the time to oppose. An opposition is similar to a
proceeding in a federal court, but is held before the Trademark Trial and Appeal
Board (TTAB), an administrative tribunal within the USPTO. If no opposition is filed or
if the opposition is unsuccessful, the application enters the next stage of the
registration process. It can take three to four months from the time the notice of
publication is sent before the applicant will receive official notice of the next status
of the application. During this time, you should continue to monitor the status of
your application through the TSDR system as explained above in Step 3.

Registration certificate issues for applications based on use

If the mark is based on use in commerce, a foreign registration, or an extension of
protection of an international registration to the United States under Section 66(a),
and no party files an opposition or request to extend the time to oppose, the USPTO
will register the mark and send the owner a certificate of registration. After the mark
registers, the owner of the mark must file specific maintenance documents to keep
the registration live.

Notice of allowance issues for applications based on an

intent to use the mark.
If the mark is published based upon the applicant's bona fide intention to use the
mark in commerce and no party files either an opposition or request to extend the
time to oppose, the USPTO will issue a notice of allowance about eight weeks after
the date the mark was published. The applicant then has six months from the date of
the notice of allowance to either:
 Use the mark in commerce and submit a statement of use (SOU); or
 Request a six-month extension of time to file a statement of use (extension
request).
A notice of allowance is a written notification from the USPTO that a specific mark
has survived the opposition period following publication in the Trademark Official
Gazette, and has consequently been allowed; it does not mean that the mark has
registered yet. Receiving a notice of allowance is another step on the way to
registration. Notices of allowance are only issued for applications that have a filing
basis of intent to use a mark in commerce under Trademark Act Section 1(b).
Applicant files timely statement of use or extension request
The applicant has six months from the mailing date of the notice of allowance in
which to either file a statement of use (SOU) or file an extension request. More than
one extension request may be filed, but a limit exists on the total number of
extension requests permitted and the timeframe that they must be submitted within.
Applicant does not file timely statement of use or extension
request
If the applicant does not file a statement of use or extension request within six
months from the date the notice of allowance issued, the application
is abandoned (no longer pending/under consideration for approval). To continue the
application process, the applicant must file a petition to revive the application within
two months of the abandonment date.

USPTO reviews statement of use

A statement of use (SOU) must meet minimum filing requirements before an
examining attorney fully reviews it. If the SOU does meet the minimum filing
requirements, then the examining attorney reviews it to determine whether it is
acceptable to permit registration. Submission of an SOU does not guarantee
registration. You may not withdraw the SOU and the filing fee(s) will not be refunded,
even if the SOU/application is later refused registration on legal grounds. If no
refusals or additional requirements are identified, the examining attorney approves
the SOU.
If refusals or requirements must still be satisfied, the examining attorney issues you
a letter (office action) stating the refusals/requirements. This is the same process
that occurs prior to publication of the mark if the examining attorney determines
that legal requirements must be met. The process and timeframes remain the same,
except that if issues are ultimately resolved and the statement of use is approved,
the USPTO issues a registration within approximately two months. If all issues are
not resolved, the application will abandon.
Applicant’s response fails to overcome all objections
If your response does not overcome all objections, the examining attorney will issue
a final refusal office action. If you disagree with the final refusal, you may, for an
additional fee, appeal the decision to the TTAB.
Step 6 Anchor

Step 6: Maintain your registration

Registration certificate issues
Within approximately two months after the SOU is approved, the USPTO issues a
registration. To keep the registration "live," the registrant must file specific
maintenance documents. Failure to make these required filings will result in
cancellation and/or expiration of the registration. If your registration is cancelled or
expired, your only option is to file a brand new application and begin the entire
process again from the very beginning. The fact that your mark was previously
registered does not guarantee registration when you submit a new application.
Watch the Post-Registration Issues video for more information about specific
registration maintenance documents that must be filed.
Monitoring registration status
Even if your mark registers, you should monitor the status of your registration on an
annual basis through the Trademark Status and Document Retrieval
(TSDR) system. It is particularly important to check the status of your registration
after you make any of the filings required to keep your registration alive including
between the fifth and sixth year after the registration date and between the ninth
and tenth year after the registration date.
Registrant address and email address
It is critical that you maintain and update your address, including your email
address.
Protecting your rights
You are responsible for enforcing your rights if you receive a registration, because
the USPTO does not "police" the use of marks. While the USPTO attempts to ensure
that no other party receives a federal registration for an identical or similar mark for
or as applied to related goods/services, the owner of a registration is responsible for
bringing any legal action to stop a party from using an infringing mark. If a right
holder suspects that a registered mark is being infringed upon or may be subject to
future infringement, the registered mark can be recorded with U.S. Customs and
Border Protection through its e-Recordation application.

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