Once you have determined that a proposed mark is available, the next step is federal trademark registration. A brief overview of the registration process is as follows:

Application Confirmation

If filed electronically, you will receive a summary of the filing by e-mail including the serial number of the application. All future correspondence with the USPTO must include this serial number.

If filed by paper application and sent by regular mail, allow about two- three weeks to receive a filing receipt for your application. This filing receipt will include the serial number of the application.

Minimum Filing Requirements

The USPTO will first determine if you have met the minimum filing requirements and, if so, will then forward the application to a Trademark Examining Attorney. This may take several months. If not, the registration package and filing fee will be returned to you.

Application Review

The Examining Attorney then reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees. Typically, this will occur within about six months of the filing date.

If the registration is granted, a Certificate of Registration is issued. This certificate from the USPTO is prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant's ownership and exclusive right to use the registered mark in commerce on or in conjunction with the goods or services specified in the certificate.

Office Actions

If the Examining Attorney decides that a mark should not be registered, the examining attorney will issue a letter known as an Office Action explaining any reasons for refusal. If only minor corrections are required, you may be contacted by telephone or e-mail (if you have authorized communication by e-mail).

If the Examining Attorney raises no objections to registration, or if all objections are overcome, the Examining Attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.

Publication for Opposition

The USPTO will send you a Notice of Publication stating the date of publication. If no opposition is filed or if the opposition is unsuccessful, a Certificate of Registration will be issued for applications based on use, or a Notice of Allowance will issue for intent-to-use applications.

Certificate of Registration

If the mark is published based upon the actual use of the mark in commerce, or on a foreign registration, the USPTO will normally register the mark and issue a registration certificate about twelve (12) weeks after the date the mark was published.

Notice of Allowance

If the mark is published based upon your intention to use the mark in commerce, the USPTO will issue a Notice of Allowance about twelve (12) weeks after the date the mark was published. You then have six (6) months from the date of the Notice of Allowance to either: use the mark in commerce and submit a Statement of Use; or request a six-month Extension of Time to File a Statement of Use.

Timeline

Generally, allow between eight months to more than one year to secure a federal registration certificate from the USPTO. However, your "effective registration date" is the date of filing regardless of how long the USPTO takes to issue your registration certificate.