How Can I Check the Status of My Trademark Application?
The process of applying for a United States Federal Trademark registration takes a very long time. After you file the application, the USPTO Trademark Office takes 12+ months to do its work to examine the application, publish it for opposition, and issue a final decision. It takes several months for it even to be assigned to an examiner attorney at the USPTO, and of course, if there are any Office Actions or other hiccups, you will need to take additional steps to keep the application viable. With such a long delay, and with so many technical details and steps that can arise, it is very important to monitor the status of your pending application, so as to ensure that you do not miss a deadline. You see, the USPTO does not issue any refunds, and if you want to make the most of the money you are spending, you do not want your application to be abandoned due to a simple timing mistake. The purpose of this short article will be to explain how you can keep apprised about the status of your pending application, so that you do not miss any important deadlines.
The Process Takes a Long Time
As already indicated, the process of obtaining a United States Federal Trademark Registration is a lengthy one. It takes several months for a new application to be assigned to an examiner attorney. Then it is examined (for any conflicts or other defects). If the Examiner issues an Office Action refusal, then you have 3 months in which to present arguments or corrections in a response to try and overcome that Office Action refusal. If you fail to do so on time, your Application will be abandoned!
Similarly, if you miss any deadline (including maintenance/renewal of your registration when issued) - again, the trademark application will be abandoned, or your trademark registration will be canceled.
It therefore goes without saying that it is of paramount importance that you stay on top of deadlines, and react promptly to them.
Methods to Check the Status of your Application or Registration
There are several ways that you can check the status and stay up to date on any deadlines or requirements.
1. Use the USPTO's own "Trademark Status and Document Retrieval tool" (TSDR)
The USPTO has a website that (when it is up and running) can give a real-time status on either your pending trademark registration or your existing trademark registration. This is the primary platform for checking on the status of either. It is also FREE TO USE!
To make use of this tool:
- goto https://tsdr.uspto.gov/
- input either the serial number or registration number
- review the results.
On the TSDR portal you can see what the status of an application is, when your maintenance/renewal is due, as well as accessing the documents that are a part of the public record.
You can also access the TSDR by clicking on the results of a trademark search via the USPTO's website.
To make use of the information provided, it is important to know what certain words mean.
- New Application: This means your application has been received but not yet assigned to an examiner.
- Assigned to Examiner: Your application is being reviewed by a trademark examiner from the USPTO.
- Approved for Publication: Your trademark has passed the examiner's review and is ready for public review in the USPTO's Official Gazette.
- Opposition Period: A 30-day period in which third parties can oppose your trademark.
- Registered: Congratulations! Your trademark has been officially registered.
- Office Action Issued: The examiner has identified issues with your application that must be addressed. You may need to provide additional information or make corrections.
2. Email Notification via Trademark Center or Teas
To stay informed on changes or updates to your trademark status, consider signing up for email notifications through the Trademark Electronic Application System (TEAS) or Trademark Center. The USPTO will notify you of important developments, such as approval for publication or Office Actions requiring your attention.
Getting email updates from the USPTO is also a FREE SERVICE. However, the USPTO does not take responsibility if a technical glitch prevents an email from being received. Among the myriad of issues that could arise - the USPTO's email could be misdirected to your spam folder.
3. Seek Professional Assistance
Managing trademark applications can become complex, especially if Office Actions or oppositions arise. An experienced trademark attorney can help:
- Monitor your application status.
- Respond to Office Actions.
- Address oppositions or disputes.
They can also help ensure all deadlines are met and advise you on how to strengthen your case if any challenges surface during the process.
There are also professional docketing companies that will (for a fee) track and monitor your application or registration and send you reminders about deadlines. The type of service, cost, and manner of reminder will vary widely depending on the service. There are also some free vendors out there.
Patience and Persistence Are Key
The trademark application process isn't instant—most applications take more than a year to complete, depending on the specifics of your filing and whether any issues arise. Checking your status regularly and staying on top of any required actions will help keep the process moving smoothly.
Final Thoughts
Keeping track of your trademark application status is essential to securing your intellectual property rights. Utilize tools like the TSDR portal, keep track of email reminders, understand key trademark terms, and address any issues promptly. Whether you're filing independently or with legal guidance, staying proactive ensures you won't miss crucial deadlines or updates.
Remember also that free options are only as good as your due diligence 9and you get what you pay for). Often, a paid professional (whether an experienced trademark attorney or a docketing service) can be a much more reliable and trustworthy way to ensure that you don't miss any critical deadlines. A trademark attorney will also be able to assist you with any documentation that is required. All in all, either (or both) are sound investments for your very important USPTO trademark applications or registrations.
If you're navigating the trademark process and feel overwhelmed, our firm is here to guide you every step of the way. Contact us for friendly assistance and ensure your intellectual property is protected with skill and precision. Schedule a consultation today!
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