What is the process for obtaining a trademark after submitting the application to the Trademark Office?
After filing a trademark application, the Trademark Office typically begins reviewing it within approximately seven months. The review process itself takes around a month. If no issues arise during the review, the Trademark Office publishes the mark in the Official Gazette to allow the public to challenge it. If there are no challenges within 30 days, the mark will register approximately three months later.
However, if the Trademark Office identifies any problems with the application, they may issue an “Office Action” letter. At this point, the applicant has two options: either respond to the Trademark Office’s concerns or abandon the application. It is advisable to consult with a qualified attorney when determining the appropriate response. Typically, there is a deadline to respond, so taking the Office Action seriously is crucial. If the Trademark Office continues to challenge the application, an appeal process can be pursued through the Trademark Trial and Appeal Board (TTAB). The TTAB handles both challenges by third parties to trademarks and appeals initiated by applicants. TTAB proceedings resemble trials in court and involve complex procedural rules that even non-lawyers are expected to follow. In the event of involvement in a TTAB proceeding, hiring an attorney is recommended.
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