Registration Process Overview
For easy access along with the other introductory blog posts, below is a general overview of the trademark registration process for anyone who is unfamiliar or could use a refresher. To help digest these steps, a flowchart is included below or can be opened in a new window using the following hyperlink: Trademark Registration Process
1. Selecting a Mark
The first step is to choose a mark that you want to register. This could be a word, phrase, symbol, or design that identifies and distinguishes the source of your goods or services from others. Trademarks are typically categorized as fanciful, arbitrary, suggestive, descriptive, or generic. Fanciful marks are invented words with no dictionary or other known meaning. Arbitrary marks are existing words that have no connection or relevance to the goods or services being sold. Suggestive marks suggest a characteristic of the goods or services but require some imagination to connect the mark with the goods or services. Descriptive marks describe a characteristic or quality of the goods or services. Generic terms are common words or terms that are the accepted and recognized description of a class of goods or services. It's best to select fanciful or arbitrary marks because they are inherently distinctive and easier to protect.
2. Initial Consultation with a Law Firm
3. Trademark Search (Clearance Search)
4. Opinion Letter
5. Trademark Application Preparation
6. Filing the Application with the U.S. Patent and Trademark Office (“USPTO”)
7. Review by the USPTO
8. Non-Final Office Actions
9. Response to Non-Final Office Actions
10. Final Office Actions
11. Response to Final Office Actions
12. Appeal of Refusal
13. Notice of Allowance
14. Publication for Opposition
15. Opposition Period
16. Registration
17. Maintaining the Trademark
Trademark Registration Flowchart
