What kind of review will the USPTO conduct after I file my trademark application

What kind of review will the USPTO conduct after I file my trademark application

Two main kinds of review can be expected from USPTO after filing an application for a trademark. The USPTO will first review your application to check whether you have completed the basic filing requirements or not. The application is then sent to an attorney in charge of examining it.

The attorney examines the application to make sure that all the necessary requirements including the payment of required fees are fulfilled by the applicant. There would be an intact examination which includes the search for conflicting trademarks (both registered and pending).

 If the examining attorney, after the examination of the application decides to refuse the registration, he/she will send you a letter called an Office Action. This letter explains the reasons for the refusal mentioning the technical/procedural errors with your application. Very often, the applicant will be granted a chance to correct any inadequacy in the application, except in case of conflict with other trademarks. The examining attorney will contact you by email/phone if only minor corrections have to be made in the application. If a written Office Action is sent to you then you need to respond with the alterations within six months from the date of sending the mail. If not, it would lead to desertion of the application.

If your attempts fail to overcome the attorney’s objections to your application, he/she will issue a final refusal. To overcome the final refusal, an appeal can be made to the Trademark Trial and Appeal Board (TTAB) which is an administrative tribunal within the USPTO.

If your application passes through all the examination procedures, your mark will finally be published in the Official Gazette which renders a chance to the public to see whether your mark is damaging them in many means. If no objections are filed within 30 days of publication, the mark will normally be registered in 3-12 months which then will make you an official owner of a federally registered U.S trademark.