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Trademarks FAQs

What kind of trademark review will the USPTO conduct after I file my trademark application?
When filing a trademark application, your mark will go through two main types of review. First, the USPTO will review your application to determine whether or not you have met the minimum filing requirements. Next, the application is forwarded to an examining attorney. (Note: this transition can take up to a couple of months.)

The examining attorney will then review the application to determine whether it complies with all applicable rules and statutes and includes all required fees. A complete examination includes a search for conflicting marks as well as a review of the written application, drawing and any specimen. If the examining attorney decides your mark should not be registered, he or she will send you a letter, called an Office Action. This letter explains the reasons for the refusal and any technical or procedural problems with your application.

If minor corrections are all that is required for filing the trademark, the examining attorney may contact you by phone or e-mail. If the examining attorney sends an Office Action, you have six months from the letter’s mailing date to respond or the application will be declared abandoned.

If your response does not overcome all of the examining attorney's objections, the examining attorney will issue a final refusal. To attempt to overcome a final refusal, you can appeal to the Trademark Trial and Appeal Board for an additional fee. This board is an administrative tribunal within the USPTO.

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