The Trademark Process
- The applicant fills out
and submits the trademark order form on our website.
- The order form requests
specific information. Quick Incorporators will complete your trademark
application with the information you provide.
- Quick Incorporators
then forwards the completed Trademark Registration application back to
you with easy next-step instructions.
- You then forward the
Trademark Registration application to the U.S. Patent and Trademark Office (USPTO)
using the instructions provided, along with payment for the required
application fee.
- The USPTO will assign
the application a serial number and send you, the applicant, a receipt by
email and/or by U.S. Mail.
- The USPTO will review
your application and determine whether the mark may be registered. If the
examining attorney determines that the mark cannot be registered, the
examining attorney will issue a letter listing any grounds for refusal and
any corrections required in the application. The examining attorney may
contact you by e-mail if only minor corrections are required. You must
respond to any objections within six months of the mailing date of the
letter, or the application will be abandoned. If your response does not
overcome all objections, the examining attorney will issue a final refusal.
- If there are no
objections, or if you overcome all objections, the examining attorney will
approve the mark for publication in the Official Gazette. The USPTO will
send you NOTICE OF PUBLICATION indicating the date of publication. In the
case of two or more applications for similar marks, the USPTO will publish
the application with the earliest effective filing date first.
- Receive Registration
Certificate
·
If the application was based upon
the actual use of the mark in commerce prior to approval for publication, the
USPTO will register the mark and issue a registration certificate about 12 weeks
after the date the mark was published, if no opposition was filed.
·
If, instead, the mark was published
based upon the applicant's statement of having a bona fide intention to use the
mark in commerce, the USPTO will issue a NOTICE OF ALLOWANCE about 12 weeks
after the date the mark was published, again provided no opposition was filed.
You then have six months from the date of the NOTICE OF ALLOWANCE to either: (1)
use the mark in commerce and submit a STATEMENT OF USE, or (2) request a
six-month EXTENSION OF TIME TO FILE A STATEMENT OF USE. If the STATEMENT OF USE
is filed and approved, the USPTO will then issue the registration certificate. |