Let’s break down the federal trademark registration process.
Step 1. The federal trademark clearance search.
This step is sometimes skipped by applicants trying to save money, but that’s a bad idea. It’s important to know if someone else is already using the name you want or a name that is similar and likely to lead to confusion.
Without a comprehensive search, you're gambling on luck instead of information.
Learn more about the costs of federal trademark registration.
Step 2. It’s time to file the trademark application.
Well, hopefully it is. If the name you’re wanting is already registered or has other possible problems, it might be best to go back to the previous step. But in the interest of keeping this flow going, let’s assume the name is good to go.
Now you can prepare the application and send it off to the USPTO!
Step 3. Hurry up and wait. And wait. And wait.
If the USPTO examining attorney has concerns, you’ll receive an office action. They arrive typically around four to six months after filing.
Here is where you find out if the application has a fatal flaw, or, in a much happier scenario, if it can continue on with only minor corrections.
Step 4. It’s time to respond to USPTO office actions.
Assuming the USPTO has some questions, this is your opportunity to clear things up. If step one wasn’t done right, you’ll likely struggle to find a credible response.
Once all questions have been answered and the folks at the USPTO have been convinced in your favor, you get to move on to the next step.
Step 5. Publication. Hello, America. Please be kind.
You made it this far, but the USPTO wants to give the public a chance to object.
If you don’t draw an objection, you’re pretty much home free. Go ahead and breathe again. Most doctors agree it’s good for you.
Step 6. A fork in the road: in-use or intent-to-use.
If you filed an in-use application, there are no more obstacles to registration.
If you filed an intent-to-use application, you’re going to need to show proof of use. Once that is done (assuming there are no problems with your proof of use), you can hang out on the federal registry with all the in-use cool kids.
Step 7. Maintenance filings. You’re not done yet. Actually, you’re never done.
Once you’ve obtained a federally registered trademark, you have to maintain it to keep it. The first maintenance filing comes between years five and six, the next between years nine and ten, and then every ten years after that forever and ever.
Unless you grow tired of enjoying the many benefits of your registered trademark, in which case you can choose to let it die.