Congratulations! The USPTO examining attorney has approved your trademark application for publication. If you just received this news, you’re probably wondering what happens next. Let me walk you through this crucial phase that stands between your approval and your actual trademark registration.

Welcome to the Official Gazette

Your trademark is about to be published in the USPTO’s Official Gazette. Back in the day, this was an actual paper publication that got mailed to law firms every Tuesday. Now it’s all digital, but the purpose remains the same: to give the public notice of your pending trademark and provide an opportunity for anyone to challenge it.

Think of publication as your trademark’s public debut. It’s the USPTO’s way of saying, “Here’s what we’re planning to approve. Does anyone have a problem with this?”

The 30-Day Opposition Window

Once published, your application enters a 30-day opposition period. This is when third parties can file an opposition if they believe your trademark might infringe on their rights or cause consumer confusion.

Most of the time, nothing happens during this period. Your trademark gets published, 30 days pass quietly, and you move on to registration. But occasionally, someone does object.

Companies often use “watch services” to monitor for trademarks similar to theirs. If they spot something that concerns them, they have options:

• File an opposition within the 30-day window
• Request an extension to get more time to decide (30 days free, or up to 90 days total for a fee)
• Reach out directly to negotiate a resolution (can be combined with either of the prior options)

Two Different Paths Forward

If no one files an opposition, what happens after publication depends on how you originally filed your application:

If you filed based on “actual use in commerce” (meaning you were already selling products or services under the trademark), you’re almost at the finish line. Assuming no one opposes your mark, you’ll receive your registration certificate about two months after the opposition period expires.

If you filed based on “intent to use” (you weren’t selling anything yet but planned to), you’ll receive a “Notice of Allowance” instead. This gives you six months to show how you are using your brand in US commerce in connection with goods or services you file for. If you do not have use by then you can file for an extension of time, you are allowed five (5) extensions of time gvign you six (6) months each.  

Don’t Stress About Opposition

While the opposition period might sound intimidating, remember that the vast majority of applications sail through without any challenges. The examining attorney has already determined that your trademark meets the legal requirements for registration. Publication is largely a procedural step to ensure fairness in the trademark system.

If someone does oppose your application, it’s not necessarily the end of the world. Many oppositions can be resolved through negotiation, amendments to your application, or other collaborative solutions.

Stay Informed

If you’re working with a trademark attorney (which I always recommend), they’ll keep you updated throughout this process. You don’t need to monitor the opposition period yourself or worry about missing important deadlines.

The publication phase represents significant progress in your trademark journey. You’ve cleared the major hurdle of USPTO examination, and registration is likely just around the corner.

Questions about your trademark application or the publication process? We’re here to help guide you through every step. Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online. Let’s get your trademark across the finish line.

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.