After a federal trademark application is filed with the United States Patent and Trademark Office (USPTO), the application will undergo a review process to determine whether the trademark is eligible for registration.
The review process generally includes the following steps:
- Initial review: The USPTO will conduct an initial review of the application to ensure that it is complete and meets the necessary requirements.
- Examination: If the application meets the necessary requirements, it will be forwarded to an examining attorney for review. The examining attorney will conduct a search to determine whether the trademark is available for registration and whether it meets the necessary legal criteria for trademark protection.
- Office action: If the examining attorney determines that there are issues with the application, they may issue an office action. An office action is a written communication from the USPTO that identifies any issues with the application and provides instructions for addressing those issues.
- Response to office action: If an office action is issued, the applicant will have an opportunity to respond and provide additional information or arguments in support of the application.
- Publication: If the examining attorney determines that the trademark is eligible for registration, it will be published in the USPTO’s Official Gazette. This allows other interested parties to oppose the registration of the trademark.
- Registration: If no one opposes the registration of the trademark, or if any opposition is unsuccessful, the trademark will be registered.
The review process can take several months or longer, depending on the specific circumstances of the application and any issues that arise. It is a good idea to consult with a trademark attorney or other professional to assist with the review process and to ensure that your application is properly prepared and presented.