Last month we talked about trademarking your brand logo to protect goods and services. The first steps in the process are outlined here. Now we are taking you through the final pieces of the puzzle, how you go from submitted application to approved trademark. Keep reading to learn how you finalize the process to trademark your logo.

For best outcomes, we recommend consulting with a lawyer who specializes in this field.

 

Application Status

In our last blog, you will recall, filers need to monitor their application status. You should check the status of your application regularly to determine if any additional supporting materials are needed. There are several post-registration documents that an applicant needs to file after making the trademark request, including a Declaration of Use.

If when checking the status of your application you find that your application has been lost or no action has been taken (after a reasonable amount of time), you need to contact the United States Patent and Trademark Office (USPTO) via email at TrademarkAssistanceCenter@uspto.gov. They will directly help you solve the issue. Failure to take any action in regards to getting your application approved, can be grounds for dismal later down the line.

 

Approval of Application

Once your application has been determined to be in good standing, it will be published in USPTO’s weekly announcements. You will receive a notice stating the date of publication.  After publication there is a rebuttal period of 30 days, where any trademark holder can refute your mark. If no opposition is filed, the application moves to the final process, which can take months. Once USPTO has registered the trademark, you will receive a certificate of registration. It is important to keep your contact information up-to-date within the USPTO system to receive notifications regarding your application.

 

Keeping Your Trademark

Trademark owners are required to file maintenance documents with USPTO to keep their application valid. If the documents are not filed on time or properly, it can render a trademark invalid. 

Even after the maintenance documents have been filed, it is still recommended that you regularly check on the status of your trademark on an annual basis. USPTO says this is particularly important between years five and six and years nine and ten of an active trademark.

 

Protecting Your Trademark

It is up to the owner of a trademark to enforce the rights of an approved application. If you believe your trademark has been infringed upon, visit USPTO for more information. We encourage all trademark owners to be their own advocates and consult with a trademark attorney to learn about the possibilities of ceasing an infringement. 

Read about the full trademark process and determine what is right for your brand on the USPTO website.

Blog by: Quinn Nunes