Once you file a trademark application, the application is assigned to a trademark examining attorney after about 3 – 4 months. The trademark examiner reviews and examines the application. Based on their examination of the application, they will issue either an Office Action or approve your application for publication. If an Office Action is issued, the applicant will need to overcome each ground of rejection before they are entitled to a registration. If there are no issues, or the applicant overcomes the refusals, the trademark examiner approves the application for publication.
What is the Notice of Publication?
Unlike an Office Action, receiving a Notice of Publication is a good thing. All applications registerable on the Principal Register must undergo a thirty (30) day publication window. During this publication window, any member of the public has thirty (30) days to either file an opposition proceeding or request an extension of time to oppose.
What happens when the publication window closes?
If no oppositions or extensions of time are filed with the U.S. Patent and Trademark Office (USPTO), the application will proceed to the registration process’s final steps.
In-Use Applications
For an application filed in-use, the application will proceed to registration once the publication window closes.
Intent-to-use Applications
On-the-other-hand, an applicant will receive a Notice of Allowance when no use in commerce is shown. The Notice of Allowance provides the applicant with six (6) months to file a Statement of Use. In particular, the Statement of Use shows that the trademark is currently being used in commerce. However, this six (6) month deadline is extendable for up to three years from the Notice of Allowance date by filing extension requests. Once the applicant files a Statement of Use, and the trademark examiner accepts it, the application will register.
Trademark applications publish for thirty (30) days.
