What Happens After My Trademark Application is Filed?
Alright, so you’ve hired the lawyer. the lawyer has completed the comprehensive search and filed the application (or maybe you filed the application on your own).
what happens now?
The short answer: A LOT of waiting. As in about 12 to 16 months of waiting from the time your application is filed to the actual registration of your mark.
The long answer:
After your application is filed, you (or your lawyer) will receive a serial number. This is the number that you or anyone else can use to track the status of your application. Then nothing happens with your application until it is assigned to an examining attorney. Right now, it is taking about 8 to 9 months for an examining attorney to be assigned to an application.
I know that sounds like a long time! During this time, your mark is still being protected. The USPTO will not allow a mark that is similar to yours and that was filed AFTER your application to move through the trademarking process before your application has been either registered or been abandoned.
Once your application is assigned to an examining attorney, they will review your application and decide whether it is complete and consistent. If the examiner determines that the application has any problems, you (or your lawyer) will be informed so you can make corrections. If the examiner determines there are no issues with your application, it will be published in the USPTO's Official Gazette for thirty (30) days. If nobody objects within the thirty (30) day period and if you are already using the mark, the USPTO will register the mark. (For intent to use applications, there is one more step that must happen before your mark registers: submission of a Statement of Use.)
Basically, unless there are corrections to be made to your application or you need to submit a Statement of Use, you will do A LOT of waiting after you submit your application!
If you’re ready to get started with your trademark application or have more questions, schedule a consultation with our office!
