Trademark Application Process

1 Trademark Application Questionnaire

LegalSherpa’s trademark questionnaire was expressly designed by a team of lawyers who have years of experience in filing trademark applications with the United States Patent & Trademark Office (USPTO). Once you complete the easy to use questionnaire, a LegalSherpa professional will then review your responses for completeness, accuracy, and common errors.

2 Trademark Search

A trademark search is necessary to determine whether your choice of trademark is already in use. Therefore, a LegalSherpa professional will conduct a Federal knock out search, for FREE, when you purchase our premium trademark registration package. We can also perform a customized, comprehensive search which includes an organized and thoughtful hunt for any registered or unregistered trademarks that are: (1) the same or similar to your trademark; (2) used in the United States; and (3) being used in a context that may likely cause consumer confusion if your proposed trademark is put into use.

3 Filing with the USPTO

LegalSherpa will prepare your trademark application for your review and approval and e-mail you a submission link in order for you to pay the U.S. Government Filing Fee following your approval. After paying the U.S. Government Filing Fee, you will receive a complete summary of your application, including the application serial number. This serial number must be included in all of your future correspondences with the USPTO.

4 Trademark Application Review

In approximately 3 – 6 months after filing your application, you will likely receive some communication from the USPTO. If there is a problem with your application, you will receive an “action letter” explaining the issue(s). When the examiner approves your application for publication, you will receive a “Notice of Publication” and your mark will be published in the Official Gazette. At this time anyone may oppose your registration for a period of 30 days.  Once your application passes the Publication Period you will receive a Notification of Allowance if you filed an intent-to-use application.  You will be required to file a Statement of Use at this point in the process before you will receive your registration certificate under step 5 below.

5 Certificate of Registration

You will receive a Certificate of Registration once your trademark has made it through the 30-day publication period.

6 Timeline

Generally, it may take the USPTO a year or longer to process your application and issue a Certificate of Registration.

LegalSherpa is a document filing service, not a law firm, and is not a substitute for an attorney or law firm. If you require legal advice, please contact a competent attorney.