Clients often ask us what they should expect after their initial trademark application is filed with the United States Patent and Trademark Office. While your attorney will keep you abreast of all key dates, deadlines, and developments, here are three general things to know about this interim process:
- Your application will be reviewed by an examining attorney. We used to advise our clients that this could take up to three months, but in 2022 we are seeing the process last as long as 8 months due to backlogs and other delays. During this time, the examining attorney will evaluate your application and decide whether it qualifies for a registered trademark, or whether additional information is needed.
- You’ll want to think about foreign registrations. If you plan to do business or manufacture in a country outside of the United States, this is the time to think about submitting your foreign applications. If you do so within six months of filing your US application, you can use the earlier filing date in order to establish priority over other businesses and brands.
- You’re going to get a ton of junk mail. And a lot of it will look official and may cause you to believe that you have to send a check in to the USPTO to continue the trademark application process. Please know that no matter how official the correspondence looks, the USPTO generally does not contact applicants in this manner. All communication will generally take place through your attorney, and you will know very clearly when dues are owed and in what time frame. When in doubt, contact your lawyer. We would rather take a few minutes to review the mailing than try to clean up a mess later from a scam situation that takes place.
Really, the hardest part after you file your application is waiting. As previously mentioned, the application process is taking longer than usual, and the delays can be frustrating, to say the least. In addition to the above, here is a video we created to explain the process https://youtu.be/qBtlJdPGV88
Finally, just because your application is pending does not mean that you should ignore instances of infringement. Your filing date is locked in and if your application is ultimately approved, you will be able to hold that other party liable for damages. Contact your attorney if you believe this is happening while you are waiting for your application to be considered.
Of course, if you have any additional questions, we are here to offer assistance and guidance. Please contact our law firm at (888) 666-0062 to schedule a consultation or use our online scheduling tool by clicking here.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.