Ever wonder how you can check on the status of your Trademark Application?

How to Check Your Trademark Application Status After Filing

Filing your trademark application is a huge milestone for your business. It signals that you are ready to protect your brand and take your intellectual property seriously. But once you hit "submit," the waiting game begins. You might be wondering, "What happens now?" or "How do I know if everything is moving along correctly?"

The United States Patent and Trademark Office (USPTO) processes hundreds of thousands of applications every year. Because of this volume, the review process takes time—often several months before an examining attorney even looks at your file. During this period, it is crucial to stay informed.

This guide will explain exactly how to monitor your application, use the official government tools available to you, and understand what different status updates actually mean for your brand.

Why You Need to Monitor Your Application Status

Many applicants assume that once they file, the USPTO will reach out if something important happens. While they will send official correspondence, relying solely on email notifications is risky. Emails can go to spam folders, or contact information might need updating.

More importantly, the trademark process has strict deadlines. If the USPTO issues an "Office Action" (a formal letter raising issues with your application) and you miss the deadline to respond, your application will go "abandoned." This means you lose your filing fee and your place in line.

Regularly checking your status ensures you:

• Catch Office Actions early.
• Verify that documents you submitted were received.
• Spot potential issues before they become critical problems.
• Keep your contact information current.

The Key Tool: Trademark Status and Document Retrieval (TSDR)

The primary tool for checking your status is the Trademark Status and Document Retrieval (TSDR) system. This is a public database maintained by the USPTO that provides real-time access to the status of trademark applications and registrations.

It might look a bit technical at first, but it is relatively straightforward to use once you know where to look.

Step-by-Step Guide to Using TSDR

Here is how to check your application status using the TSDR system:

1. Locate Your Serial Number: When you filed your application, you received a confirmation receipt containing an 8-digit "Serial Number." You will need this number.
2. Visit the TSDR Website: Go to the official USPTO TSDR website.
3. Enter Your Number: In the search bar, ensure the tab says "US Serial, Registration, or Reference No." Enter your 8-digit serial number.
4. Click "Status": Click the "Status" button.
5. Review the Results: The system will display a page with your trademark details.

What to Look For

Once the page loads, focus on the "Status" tab. You will see a "Status" field describing the current state of your application.

Common status updates include:

• "New Application - Record Initialized Not Assigned to Examiner": This means the USPTO has received your application, but a human attorney hasn't reviewed it yet. This status can last for several months (currently around 6-8 months).
• "Assigned to Examiner": Good news! An examining attorney is now reviewing your file.
• "Non-Final Office Action": The attorney has found an issue with your application. You must respond to this.
• "Published for Opposition": Your application passed the initial review and is published in the Official Gazette. This gives the public 30 days to oppose your registration.
• "Notice of Allowance": If you filed based on "intent to use," this means your mark is approved, but you still need to prove you are using it in commerce.

Other Ways to Stay Updated

While TSDR is the gold standard for detailed information, there are other ways to keep tabs on your filing.

The Trademark Official Gazette (TMOG)

If your application is approved for publication, it appears in the TMOG. This is a weekly online publication. While you don't need to read this weekly, knowing when your mark is scheduled to publish allows you to anticipate the 30-day opposition window.

USPTO Email Notifications

The USPTO tries to notify applicants via email whenever the status changes. Ensure your correspondence email address is one you check frequently. Whitelist the domain @uspto.gov to prevent these critical emails from landing in your junk folder.  Also, make sure that the USPTO always has your updated email address if you change emails.

How Often Should You Check?

You don't need to refresh the page every day. The trademark process is slow. However, we recommend checking the status of your application at least every 2 months. This interval ensures that if the USPTO issues a letter with a 3-month or 6-month deadline, you will see it in time to react, even if you missed the email notification.

Troubleshooting: What If There's a Delay?

Sometimes, an application seems to get stuck. You might see the status "Assigned to Examiner" for a long time without an update, or perhaps it has been over a year with no movement.

If you suspect an unusual delay:

1. Check Current Processing Times: Visit the USPTO dashboard to see current average wait times. Delays are common, and processing times fluctuate.
2. Call the Trademark Assistance Center (TAC): If your application is significantly outside normal processing times, you can contact the TAC for general information.
3. Consult a Trademark Attorney: If the status is confusing or if you have received an Office Action that you don't understand, it is time to seek professional help. A trademark attorney can interpret the "legalese" and help you formulate a strategy to get your application moving again.

Conclusion

Filing your trademark is just the first step in a long legal journey. By proactively monitoring your status through the TSDR system, you protect your investment and ensure you don't miss critical deadlines.

If you check your status and see a confusing update, or if you've received an Office Action, don't panic. These are common hurdles. Reach out to our legal team today for a consultation, and let us help you navigate the path to registration.