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What is the procedure for prosecuting a standard federal application?
A Federal Trademark Application begins with a conflict check by a competent patent attorney or patent agent. Once it's determined that there is no conflict with existing trademarks, an application is prepared and files with the US Patent Office.
In about 6-9 months the federal government will issue either an office action or a Notice of Publication. An office action records the examiner's objections to or rejections of the application on various legal grounds.
An amendment or response is usually prepared if an office action issues. Such documents seek to overcome the objections/rejections issued by the government. The "office action and response/amendment" process may occur a couple of times. If successful, a Notice of Publication will issue and the mark will be published for opposition. Anyone who believes they may be harmed by registration of the trademark may oppose the registration. A Notice of Allowance will issue if nobody opposes registration of the trademark. If the amendments/responses are not successful, the application is abandoned.
A certificate of registration issues if nobody opposes registration of the trademark. Between the fifth and sixth years the applicant must submit an affidavit or declaration of continued use. A trademark registration lasts indefinitely with the continued filing of an affidavit with the statutory fee on each tenth anniversary thereafter.
Updated: 11/12/99
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