|The Trademark Registration Process
LegalZoom's Trademark Registration Service makes it easy to file for federal trademark protection. The following is a step-by-step description of our Trademark Application process.
- Complete our easy online questionnaire.
- Send us an image of your name and logo mark.
If your trademark is a stylized design or logo, you will need to send us an image of the mark. If your trademark is currently being used in commerce, we will need a sample showing the mark in use.
- We'll conduct a trademark
We conduct a trademark search for possible
conflicts with existing marks. You can select a free, limited search or
a more comprehensive search. If you believe a conflict exists, you can choose to
modify your application, proceed as planned, or cancel your application before filing
(the full search fee will be retained for cancellations).
- Create your trademark application.
Through our LegalZip software, you'll create your trademark application and we'll email it to you for electronic signature.
- We file your application.
After you sign the application, we file the application and supporting material with the U.S. Patent and Trademark Office (the USPTO). The USPTO will assign a serial number to your registration and email you a confirmation.
- The USPTO reviews your application.
After filing, the USPTO will review the application and determine whether the mark may be registered. If the examining attorney determines the mark cannot be registered, he or she will issue an Office Action listing grounds for the refusal, and provide instructions if you decide to petition against the refusal. The examining attorney may also send you an Office Action if any other corrections on your application are required. You must respond to any Office Actions within six months of the letter's mailing date.
- The USPTO approves your mark for publication.
If there are no objections, or if you overcome all objections, the examining attorney will approve the mark for publication in the Official Gazette. The USPTO will send you a Notice of Publication indicating the publication date. In the case of two or more applications for similar marks, the USPTO will publish the application with the earliest effective filing date first. Your mark will be open to oppositions from third parties for 30 days. If you receive no opposition or overcome any opposition your mark will be registered.
- You Receive a Registration Certificate from the USPTO.
- If your application was based on using your mark in commerce, the USPTO will register the mark and issue a registration certificate about 12 weeks after the publication date of the mark.
- If the mark was published based on the applicant's statement of intent to use the mark in commerce, the USPTO will issue a Notice of Allowance about 12 weeks after the publication date of the mark. You have six months from the date of the Notice of Allowance to either (1) use the mark in commerce and submit a Statement of Use, or (2) request a six-month Extension to File a Statement of Use. If the Statement of Use is filed and approved, the USPTO will then issue the registration certificate.