Submitting your trademark application with the USPTO begins the federal trademark registration process. Legal requirements and deadlines must be met and additional fees may be required throughout the process. The majority of trademark applications filed by non-attorneys get rejected.
Every federal trademark application must have a legal basis for filing. The primary filing bases for the majority of trademarks are: Section 1(a) Use; and Section 1(b) Intent-to-Use.
The following timelines provide an overview of the process steps and time frames for filing a trademark application with a particular filing basis and for maintaining a trademark registration.
Application based on use in commerce
A Section 1(a) filing basis is applicable when you are currently using your trademark in commerce with all the goods/services in your application. You must provide the date you began using your trademark and a specimen (real-use sample) showing how the mark is actually being used with the goods/services.
Simplistic Overview of the Federal Trademark Registration Process
- Trademark Application Filed
- USPTO Reviews Trademark Application
- USPTO Issues Trademark Office Action
- Trademark Attorney Responds
- USPTO Publishes Mark
- Trademark Registers
- Trademark Attorney Files Declaration
Application based on Intent to Use
A Section 1(b) filing basis is applicable when you have not yet started using your trademark. You must use the trademark and pay an additional fee prior to registration.
Simplistic Overview of the Federal Trademark Registration Process
- Trademark Application Filed
- USPTO Reviews Trademark Application
- USPTO Issues Office Action
- Trademark Attorney Responds
- USPTO Publishes Mark
- Notice of Allowance (NOA) Issued for Trademark
- Trademark Attorney Files Declaration
- Statement of Use (SOU) Filed
- USPTO Reviews SOU
- SOU is Approved By USTPO
- Trademark Registers
- Trademark Attorney Files Declaration