Federal Trademark Registration Procedure
After selection of the appropriate Trademark classes, and following the filing of the trademark application with the USPTO, the USPTO issues a filing receipt to the applicant, and the application is assigned to a trademark examining attorney. The examining attorney evaluates the trademark application substantively to verify that:
the trademark functions as a mark and meets the substantive requirements for registration;
the trademark does not conflict with any registered mark or any prior application;
the trademark application otherwise satisfies all technical requirements
If the trademark or the trademark application is found not to comply in some respect, or if the trademark examining attorney requires more information, the trademark examining attorney will generally issue a trademark office action to the applicant. The trademark applicant will have six months from the date of the office action to respond to the trademark examining attorney’s requests. If the response is inadequate, the trademark examining attorney may issue further office actions. Failure to respond in a timely manner will result in the abandonment of the application.
If the trademark is found to be eligible for registration, the trademark examining attorney will approve the mark for publication in the Official Gazette, in which the USPTO publishes marks determined to have met all the requirements for registration. The day the mark is published in the Official Gazette, the thirty-day opposition period begins. During this period, any party who believes it will be damaged by the trademark registration may file a notice of opposition with the Trademark Trial and Appeal Board.
If no oppositions are successfully filed during the opposition period, the USPTO will issue a registration for the mark within twelve weeks of the publication.