Trademark Frequently Asked Questions

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I just filled out my trademark application does this mean my trademark is registered?

No, your trademark is not registered immediately upon filing an application.  During a normal process, it takes about 8 months to a year before a trademark is registered.  Depending on the legal issues that may arise in the examination of the application, the process may take up to several years.

Once your application is filed, it takes about three months for an examiner at the USPTO to examine it to determine if your mark qualifies for registration.  If the examiner determines that your mark qualifies, the USPTO publishes the trademark in the Official Gazette (an online publication of the USPTO). The Gazette states that the trademark is a candidate for registration, thus, providing existing trademark owners with an opportunity to object to the registration.  If someone objects, the USPTO will schedule a hearing to resolve the dispute.  If no one objects, you should receive a response from the USPTO within a year.  If the examiner determines that your mark does not qualify for registration, you will receive an office action explaining the examiner’s reasons for objection.  You have six months from the date of the office action to respond and refute the examiner’s objections.

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