Trademarks 102-12: What Happens Next

Congratulations on submitting your trademark application!

So, what happens next?

Once your application is reviewed, three things can happen.

The first outcome is rare but if your application is completely perfect, it will become published.  That’s great news and means your application has been approved for the next stage, which involves being published in a Gazette that lets other people and businesses know about your trademark. If no third parties object to your trademark during that time frame, your trademark will become registered. 

But it’s not common to have a totally perfect application.  It’s totally normal to have an issue or outstanding issues with your application.  

The second outcome is receiving an Examiner’s Amendment, which is simply an email or a phone call from the trademark examining attorney reviewing your file.  Generally, this involves seeking clarification on something on your application, or agreeing to some type of change, such as amending the description of your trademark.  If you agree to the Examiner’s Amendment, your application will usually proceed towards publication!  If this is your outcome, you can watch the video in the Trademarks Classroom database on Examiner’s Amendments. 

The third outcome is the most common and involves receiving a Non-Final Office Action, which is a formal correspondence sent via e-mail.  It will specify any issues with your application, such as an unacceptable specimen, a translation statement for non-English wording, or a refusal based on your trademark being confusingly similar to another registered trademark.  If this was your outcome, the Trademarks 103 section will guide you through responding to Office Actions. 

One final thing.  

Be on the lookout for any correspondences from the USPTO, especially three to five months from now. Make sure that the correspondences from the USPTO come from an email address of @uspto.gov. Unfortunately, there are a LOT of fraudulent businesses that attempt to impersonate the USPTO.  The USPTO is cracking down on these businesses, but make sure not to get duped by an impersonator. 

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