Filing a Federal Trademark Application FAQ

If the USPTO decides that a mark is eligible for federal registration, what happens next?

The USPTO publishes the trademark in the Official Gazette (an online publication of the USPTO). The Gazette states that the trademark is a candidate for registration; this provides existing trademark owners with an opportunity to object to the registration. If someone objects, the USPTO will schedule a hearing to resolve the dispute. If no one objects, you should receive a response from the USPTO within a year. The total time for an application to be processed may range from a year to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.

In order to maintain the status of a federally registered trademark, the owner must file a statement of continued use and later, a renewal application. The owner acquires additional rights if a statement of incontestability is filed.  All of these documents can be filed online. The USPTO does not notify the trademark owner when these statements are due, and if these documents are not timely filed, the federal registration is canceled.

Talk to a Lawyer

Need a lawyer? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you

Legal Information & More from Nolo

NOLO-web4:DRU1.6.12.2.20161011.41205