Trademark Application Timelines

Use-Based Trademark Applications

For use-base trademark applications – application where the mark is currently in use in commerce, assume TrademarkAuthority filed your use-based U.S. Trademark Application on January 1, 2013.

• January 1, 2013 – USPTO issues U.S. Trademark Application Serial No. and filing date;
• March 1, 2013 through June 1, 2013 – USPTO examines application for filing formalities, likelihood of confusion and distinctiveness;
• Assuming the USPTO accepts the application without amendment, the USPTO will approve the application for publication in the Trademark Official Gazette and issue a Notice of Publication;
• July 1, 2013 through September 1, 2013. USPTO publishes the Trademark Application for Opposition. The public has thirty (30) days to file a Notice of Opposition or request up to a ninety (90) day Extension of Time to File a Notice of Opposition based upon prior trademark rights in the mark; and
• November 1, 2013 through December 31, 2013 – Assuming no third party files an Opposition, the USPTO will issue a Certificate of Registration.

Intent-to-Use (ITU) Trademark Appications

For Intent-to-Use Trademark Applications, after the USPTO publishes the mark for Opposition and assuming no third party opposes, the USPTO will issue a Notice of Allowance (NOA). In order to achieve registration, you must demonstrate current use of the mark on each of the listed goods and services, as well as indicate the date of your first use (sale of goods or services) and submit a specimen of such use.

The USPTO provides six (6) months to file a Statement of Use (SOU). If you have not commenced use within this first six month period and you want to maintain rights in the mark, you are required to file a Request for an Additional Six Months to File a Statement of Use. The USPTO allows up to five (5) extensions – one every six months after issuance of the NOA.