After publication in the Trademark Official Gazette without a third party filing an opposition or request for extension of time to oppose, the USPTO will approve the mark for registration since use-based trademark applications already contain the necessary specimens and dates of first use. The USPTO takes about 2-3 months to issue the registration certificate after the lapse of the thirty (30) day opposition period.
Publication grants the public thirty (30) days from publication to oppose registration based on a variety grounds, including prior use of a similar mark, likelihood of confusion, descriptiveness, genericness non bona-fide intention to use the mark and functionality. If no opposition or extension to oppose if file, the USPTO will issue a Notice of Allowance.
Upon issuance of a Notice of Allowance (“NOA”), an Applicant has six (6) months to file a Statement of Use (“SOU”):
If the Applicant has not commenced use on some or all of the items, the Applicant may:
Applicants have a total of 36 months from the date of issuance to file the Statement of Use otherwise the USPTO will cancel the application.
We assist clients in gathering the required documentation, digital images and dates of first use in order to file an acceptable Statement of Use. In the event the mark is only used on certain goods, we discuss filing strategies, such as dividing out certain goods and extended others in order to keep the client’s rights for as long as possible.
TrademarkAuthority is a service exclusively licensed to Pearl Cohen Zedek Latzer Baratz LLP ("Pearl Cohen"), an intellectual property law firm located in New York, NY, that provides personal and expert trademark and copyright legal services covering the U.S., Europe, Canada, Australia, Mexico, Japan, China and many other countries throughout the world. This Web site may be considered Attorney Advertising. The information provided on this site is not legal advice, but general information on legal issues relating to trademark searching and registration. Prior results do not guarantee a similar outcome.
TrademarkAuthority was founded by an expert trademark attorney and former U.S. Trademark Office Examining Attorney who has over twenty-two years experience representing clients on a variety of trademark and copyright law issues. Our legal services include trademark searching, filing trademark applications, responding to USPTO Office Actions, filing Statements of Use, representing clients before the U.S. Trademark Office, Federal and State courts, maintaining trademark registrations, monitoring, policing and enforcing trademark rights and filing copyright registrations.