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Step 1: File
Assuming you have had all of your complete analysis accomplished & the identify is obvious, step one is to file the applying. The appliance is out there on-line by way of the USPTO.
Step 2: Obtain a Submitting Receipt
The day the applying is filed, the USPTO will electronic mail you a affirmation that the applying is acquired. This receipt contains your serial quantity, the submitting date and a abstract of the applying.
How Lengthy? Ought to be identical day. Should you do NOT obtain a submitting receipt the identical day, contact the USPTO at [email protected]
Step 3: Assigned to Examiner
An examiner is “a USPTO worker who examines (critiques and determines compliance with the authorized and regulatory necessities of) an utility for registration of a federally registered trademark.” This would be the particular person you may correspond with about your utility in the course of the registration course of.
The time intervals for the remainder of this course of are going to fluctuate so the next are approximations…
How Lengthy? About 3 months, although could possibly be eventually.
Step 4: Examination Begins
Your inspecting legal professional will evaluate your utility & ought to any points come up that have to be handled will come through electronic mail in an Workplace Motion. Workplace Actions might be comprised of quite a few issues. A few of the most typical points are a disclaimer is required, a re-wording of the products/companies description is required and the mark is refused based mostly on probability of confusion, which is why you have got complete analysis accomplished first to make sure that this does not occur.
How Lengthy? Wherever from 1-3 months appears to be the typical size of time it is taking the inspecting attorneys to ship out Workplace Actions. This may be shorter if the applying is filed accurately from the get go.
Step 5: Discover of Publication
Offered that there aren’t any objections from the inspecting legal professional and/otherwise you’ve responded to their Workplace Actions satisfactorily, the applying then strikes to publication. “Any social gathering who believes it might be broken by registration of the mark has thirty (30) days from the publication date to file both an opposition to registration or a request to increase the time to oppose.”
How Lengthy? The USPTO states 30 days however I’ve seen functions which have been revealed for two months.
Step 6: Registration
As soon as the publication interval is over, the mark turns into registered. You will even be assigned a registration quantity.
All in all, it might take a yr (if there aren’t any points) to a yr & a half (if there are hiccups like Workplace Actions) to be granted registration for an in use utility. Nonetheless, be relaxation assured that the USPTO does be aware of your pending utility. If a submitting is available in AFTER your utility, they are going to know that you simply have been first in line.
