Trademarks: After You Apply

Filing a trademark application is just the first step toward trademark registration and it doesn’t guarantee registration. Your application will first move through a review and publication process.

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Updated on: March 20, 2023
Read time: 4 min

Filing a trademark application is just the first step toward trademark registration. Over the next several months, your application will move through a review and publication process. During that time, it's important to monitor the application and respond promptly to notifications from the United States Patent and Trademark Office (USPTO).

Filing a trademark application doesn't guarantee registration. Your mark will be reviewed by the USPTO and may face legal opposition. Increase your chance of success by monitoring your application and getting legal help.

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After you file: The next step

The USPTO will confirm that your application meets minimum filing requirements. Then it will assign a serial number and forward your application to a trademark examining attorney. The examining attorney will review your application, your drawing, and your specimen (if you submitted one), and will conduct a trademark search for conflicting marks. The examining attorney will also confirm that you paid all required fees.

Office actions

If the examining attorney decides that your application cannot be approved, you will receive a letter called an office action. It will explain the legal reasons for refusing your registration and the problems with your application. Some issues are simple to resolve, but others may be impossible to overcome.

Typically, you must respond online to an office action within six months of the date of the letter, or your application will be declared abandoned. Your response must cover all points raised in the letter. A trademark lawyer can offer legal advice or prepare your response, or you can contact the examining attorney for clarification.

If your response doesn't resolve all the issues in the office action, the examining attorney will issue a final office action. Generally, you can only respond by complying with the requirements stated in the Office action or filing an appeal with the Trademark Trial and Appeals Board (TTAB)—otherwise your application will be denied or “refused."

Publication

If there are no remaining issues, your mark will be approved for publication in the Official Gazette, a weekly online USPTO publication that notifies the public that your mark is about to be registered. Anyone who thinks they would be harmed by your registration has 30 days to file an objection with the TTAB. Because objections involve legal and technical issues, it's wise to consult a trademark lawyer for advice if someone objects to your trademark.

If there are no objections, or if they have all been resolved, the next step is either registration or a Notice of Allowance.

'Intent to use' applications

If you filed your trademark based on an “intent to use" the mark in commerce, you will receive a Notice of Allowance, which means your trademark has made it through the opposition period. For your registration to become final, you must begin using your mark, file a Statement of Use, and submit a specimen showing how your mark is used.

You have six months from the date of your Notice of Allowance to file a Statement of Use or request a six-month extension. You can request up to five extensions, but you must do it before the deadline or your application will be declared abandoned. Your Statement of Use and specimen will be reviewed by an examining attorney, and you will receive an Office action if there are additional legal issues.

Abandonment, refusal, or registration

There are three possible outcomes for a trademark application.

1. Abandonment. If you miss a deadline, your application is declared abandoned and will no longer be considered for registration. You can still use your trademark, but unless you act quickly, you will have to start over and pay all fees again to register it.

2. Refusal. If there are unresolved legal problems with your application, it may be denied, or refused. A lawyer can advise you on next steps, including appeals and whether you should continue using your mark.

3. Registration. The USPTO will send you a certificate of registration. You can now begin using the registered trademark symbol, ®.

Monitoring your application

It's important to regularly monitor your application status through the USPTO's website, and to keep your email and mailing addresses up to date. This helps you avoid missing deadlines and having your application declared abandoned.

Reviving an abandoned application

If you unintentionally missed a deadline and received a Notice of Abandonment, that means your application is no longer active. You can put your application back on track by filing a Petition to Revive within two months of the date on the notice.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

83 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
86 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
102 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
101 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
108 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
126 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
153 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
153 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
157 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
163 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
182 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
189 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
224 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
220 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
229 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
231 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
248 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
255 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,944+ reviewson

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