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Filing Process · 4 min read
What Happens After You File a Trademark Application?
Filing is the beginning of a process that typically runs somewhere between eight months and well over a year. Here's what happens in between.
Once your application is submitted, it's assigned to a USPTO examining attorney, typically several months later. That attorney reviews it for conflicts with existing marks and for compliance with formal filing requirements. This is the stage where an Office Action, if one is coming, gets issued.
If there are no issues
Your mark is published in the Official Gazette for a 30-day opposition period, during which any third party can formally challenge the registration. If no one opposes, an application filed on a use-in-commerce basis moves toward registration. An intent-to-use application instead receives a Notice of Allowance and a window to file a Statement of Use showing the mark is now actually in use.
If there are issues
You'll receive an Office Action explaining the examiner's objection, with a deadline to respond. This is normal. A meaningful share of applications receive at least one Office Action, and most are resolvable with the right response.
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Related reading
When Should I Register My Trademark?
Earlier than most business owners think, and there's a specific filing basis for businesses that haven't launched yet.
Why Trademark Searches Matter
Filing without a clearance search is the single most common way business owners lose money on a trademark application.
What Is a USPTO Office Action?
A formal letter from the examining attorney raising a legal or procedural issue with your application, not a rejection, and not the end of the road.