What does this mean and what’s next?

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PUBLICATION

Your mark is ready to be published in the Trademark Office’s Official Gazette.

 

OPPOSITION PERIOD

Any third party who has legal grounds to oppose your application has a period of thirty (30) days from the publication date to file a Notice of Opposition to your application.

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Learn more about the publication period HERE.

You can browse the USPTO Trademark Gazette by clicking HERE. You can learn more about the Gazette by clicking HERE.

 

FURTHER CONSULTATION

If we receive a Notice of Opposition, we will be contacted by the U.S. Patent and Trademark Office. Although these objections do not occur very often, they are not unheard of.  We will then consult with you and decide the appropriate steps. Please be advised that addressing these objections is outside the scope of our representation and, if you elect to defend your trademark application in the Trademark Trial and Appeals Board (TTAB), we will refer you to an attorney who routinely handles such matters.

 

WHAT'S NEXT?

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FOR INTENT-TO-USE APPLICANTS (1(b))

You filed as a 1(b) application if you were not yet using the trademark in the sales of goods/services at the time your application was filed. If no opposition is raised during the 30-day publication period, after about eleven (11) weeks we should receive a Notice of Allowance from the Trademark Office. At that time, a Statement of Use must be filed showing how the mark is being used. More on that later if applicable.

 

FOR IN-USE APPLICANTS (1(a))

You filed as a 1(a) application if you were already using the trademark in the sales of goods/services at the time your application was filed. In this case, unless some unexpected issue arises at this time, the mark will proceed to registration after the publication period ends. This could take several weeks.  

 

Either way, nothing further is needed from you at this time. As always, we will continue to update you as the application progresses.

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