Federal Trademark Overview

By: Nnamdi Nwaneri (08/2021)

Overview of the Registration Process

Research the Trademark

Utilize Google searches, ICANN.org for domain names, and the USPTO TESS (Trademark Electronic Search System).

Complete the USTPO Trademark Electronic Application System (TEAS)

The TEAS Plus filing option has more requirements up-front when you submit your initial application resulting in a lower fee per class of goods/services.

The TEAS Standard filing option has fewer requirements up-front however, you must eventually meet all the application requirements and pay a higher fee per class of goods/services.

Submit Application

Wait for USPTO correspondence.

Notice of Publication Approval or Office Action

Notice of Publication is sent to the USPTO Official Gazette that includes bibliographic information and a representative drawing for each patent granted or trademark published on a particular issue date.

If there is an office action, the USPTO sends an official letter and assigns the applicant an examining attorney that lists any legal problem with your chosen trademark, as well as with the application itself.

Trademark Approval

If there is no opposition within the notice period or after the office action is rectified, the trademark is officially registered if there is actual use of commerce. If the application was filed with an intent to use, you must show proof of use.

Receive Registration Certificate

Receipt of the official document of registration by the USPTO which can be used to demonstrate proof of ownership and registration for a 10-year trademark term.