Trademark process

Trademarks, patents, copyrights, domain names, and business name registrations all differ, so it's important to learn whether a trademark is appropriate for you.

A trademark typically protects brand names and logos used on goods and services. A patent protects an invention. A copyright protects an original artistic or literary work. For example, if you invent a new kind of vacuum cleaner, you'd apply for a patent to protect the invention itself. You'd apply to register a trademark to protect the brand name of the vacuum cleaner. And you might register a copyright for the TV commercial you use to market the product.

A domain name is part of a web address that links to the internet protocol address (IP address) of a particular website. For example, in the web address "https://www.uspto.gov," the domain name is "uspto.gov." You register your domain name with an accredited domain name registrar, not through the USPTO.

A domain name and a trademark differ. A trademark identifies goods or services as being from a particular source. Although using a domain name only as part of a web address doesn't qualify as source-indicating trademark use, using it prominently apart from the web address may qualify as trademark use. Registering a domain name with a domain name registrar doesn't give you any trademark rights. For example, even if you register a certain domain name with a domain name registrar, you could later be required to surrender if it infringes on someone else's trademark rights.

Similarly, using a business name doesn't necessarily qualify as trademark use, but using it as the source of goods or services might qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents (typically with a state corporation or state division of corporations) to form a business entity, such as a corporation or limited liability company.

Considering your trademark

Once you determine that the type of protection you need is, in fact, trademark protection, you should consider your trademark. You must do this with thought and care because not every trademark is registrable or even legally protectable. That means some trademark owners may not be able to legally stop others from using these trademarks on related goods or services. Before filing a trademark application, you should determine:

• Whether your trademark is registrable. Your trademark may not be registrable for a variety of reasons. For example, we'll refuse to register your trademark if it's generic or functional for your goods or services, or if someone is already claiming rights in a wording or design that is similar to yours and used on related goods and services. You can search for similar trademarks in the USPTO database and learn more about common problems in applications before you apply.
• How difficult it'll be to protect your trademark based on its legal strength. Read more information on our strong trademarks page. It's important to remember that we only register trademarks. You, as the owner, are solely responsible for enforcement.

Once you've selected a strong trademark, you'll need to identify:

• Whether your trademark format is a standard character mark, a stylized/design mark (also called a "special form" mark), or a sound mark
• The goods and services you're using or will use with your trademark 
• Your application filing basis 

Trademark attorney

If you're foreign-domiciled, you must have an attorney who is licensed to practice law in the United States.

If you live in the United States or its territories, you aren't required to have an attorney. However, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you through the application process.

See more information about hiring an attorney.

File your application in Trademark Center

To access Trademark Center, you need to log in to a USPTO.gov account with two-step authentication. Learn how to create a USPTO.gov account. 

For more information about the application filing fee, additional fees, and our refund policy, see our trademark fee information page.

Monitoring your application status

Throughout the entire process, you're responsible for monitoring the progress of your application and ensuring you meet all deadlines. You can check the status of your application in the "Drafts and docket" section of Trademark Center. We recommend doing so every three to four months to avoid missing a filing deadline. Learn more about the importance of checking the status of your application.

Updating your address and email address

It is critical that you maintain and update your address, including your email address. If we don't have your current information, you may miss a filing deadline which can result in your application abandoning.

We review your application

After we determine that your application has met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. This may take a number of months. The examining attorney will review your application to determine whether it complies with all applicable rules and statutes, and includes all required fees. They'll also search our database for conflicting trademarks and examine your application, drawing of the trademark, and any specimen.

We issue a letter (office action)

If the examining attorney determines your trademark should not be registered, they'll issue a letter (office action) to you explaining any substantive reasons for refusal, and any technical or procedural deficiencies in the application. If only minor corrections are required, the examining attorney may contact you by telephone or email.

You respond to the letter

If the examining attorney sends you an office action, you (or your attorney, if you have one) must respond within three months of the issue date of the office action, or the application will be declared abandoned. An optional three-month extension can be requested for a fee. For Madrid applicants, the deadline is six months from the issue date of the office action, with no option for an extension.

We publish your trademark

If the examining attorney raises no objections to registration, or if you overcome all objections, they'll approve the trademark for publication in the Trademark Official Gazette, a weekly electronic publication of the USPTO. We'll send you a notice of publication stating the date of publication. After the trademark is published, any party who believes it may be damaged by the registration of your trademark has 30 days from the publication date to file either an opposition to registration or a request to extend the time to oppose.

An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board (TTAB), an administrative tribunal within the USPTO. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. It can take three to four months from the time the notice of publication is sent before you receive official notice of the next status of the application. During this time, you should continue to monitor the status of your application as explained above in step 3. 

Registration certificate issues for applications based on use

We'll register your trademark and send you a certificate of registration if your trademark is based on use in commerce, a foreign registration, or an extension of protection of an international registration to the United States under Section 66(a), and no party files an opposition or request to extend the time to oppose. After the trademark registers, you must file specific maintenance documents to keep your registration live.

Notice of allowance issues for applications based on an intent to use the trademark

We'll issue a notice of allowance about eight weeks after the date the trademark was published if it's based upon your bona fide intent to use the trademark in commerce and no party files either an opposition or request to extend the time to oppose. You then have six months from the date of the notice of allowance to either:

• Use the trademark in commerce and submit a statement of use (SOU); or
• Request a six-month extension of time to file a statement of use (extension request).

A notice of allowance is an official notification from the USPTO that a specific trademark has made it through the 30-day opposition period following publication in the Trademark Official Gazette, and has consequently been allowed. Receiving a notice of allowance is another step on the way to registration, but it doesn't mean the trademark has registered yet. Notices of allowance are only issued for applications that have a filing basis of intent to use a trademark in commerce under Trademark Act Section 1(b).

If you timely file a statement of use or extension request

You have six months from the mailing date of the notice of allowance to either file a statement of use (SOU) or an extension request. You may file more than one extension request, but there is a limit on the total number of extension requests and the timeframe they must be submitted within. Review the additional information for the SOU and extension request processes.

>> File Statement of Use << |   >> File Extension Request <<  

If you don't timely file statement of use or extension request

If you don't file a statement of use or extension request within six months from the date the notice of allowance issued, your application is abandoned (meaning it's no longer pending or under consideration for approval). To continue the application process, you must file a petition to revive the application within two months of the abandonment date, along with a petition fee.

We review your statement of use

If your statement of use (SOU) meets the minimum filing requirements, the examining attorney reviews it to determine whether it's acceptable for registration. Submitting an SOU doesn't guarantee registration. You can't withdraw the SOU and the filing fee will not be refunded, even if the SOU/application is later refused registration on legal grounds. If no refusals or additional requirements are identified, the examining attorney approves the SOU.

If refusals or requirements must still be satisfied, the examining attorney issues you a letter (office action) stating the refusals/requirements. This is the same process that occurs before publishing the trademark if the examining attorney determines that legal requirements must be met. The process and timeframes remain the same, except that if issues are ultimately resolved and the statement of use is approved, we issue a registration within approximately two months. If all issues are not resolved, the application will abandon.

Failing to overcome all objections

If your response doesn't overcome all objections, the examining attorney will issue a final refusal office action. If you disagree with the final refusal, you may appeal the decision to the TTAB for an additional fee.

Registration certificate issues

Within approximately two months after the SOU is approved, we issue a registration. To keep the registration "live," you must file specific maintenance documents. Failure to make these required filings will result in cancellation or expiration of the registration. If your registration is cancelled or expired, your only option is to file a new application and begin the entire process again from the very beginning. The fact that your mark was previously registered does not guarantee registration when you submit a new application.

Monitoring registration status

Even if your trademark registers, you should monitor the status of your registration on an annual basis. It is particularly important to check the status of your registration after you make any of the filings required to keep your registration alive including between the fifth and sixth year after the registration date and between the ninth and tenth year after the registration date.

Updating your address and email address

Just like the application stage, it's still critical that you maintain and update your address, including your email address. 

Protecting your rights

You are responsible for enforcing your rights if you receive a trademark registration. While we attempt to ensure no other party receives a federal registration for an identical or similar trademark for related goods or services to yours, you're responsible for bringing any legal action to stop a party from using an infringing trademark. If you suspect that a registered trademark is being infringed upon or may be subject to future infringement, you can record the registered trademark with the U.S. Customs and Border Protection through its e-Recordation application.