You still awake? Well, no one ever promised that your dalliance with the law would be like "Boston Legal." This fourth step confirms it: Once you've sent in your application, you must sit and wait for many months. It can take up to 9 months (or possibly years, if there are problems) from the time you send in the application to the time your registration is official and complete. During that time, and afterward, there are follow-up actions you must perform, which vary depending on whether you filled out a "use" application or an "intent-to-use" application (see Step 3).
Follow-up for "Intent-to-Use" Application
* After you apply, use the trademark in interstate commerce as soon as possible. See Step 3 or the USPTO website for a definition of "interstate commerce." Submit an "allegation of use," a sample of the use and the required fee.
* Answer any correspondence from the USPTO promptly, following all instructions to the letter. A missed deadline or a mistake can result in a long delay.
* After about 4 months, an attorney at the USPTO will examine your trademark application for acceptability. If it is unacceptable, the USPTO will inform you of this, of their reasons for so determining, and of any corrections you must make. This correspondence will also contain information about available appeals processes. At this point, you can make the corrections, appeal the decision or abandon the trademark. If the trademark is acceptable, the trademark will be posted in the USPTO's Official Gazette and a notice of publication will be sent to you.
* Once the trademark has been published in the Official Gazette, anyone who believes that your use of the mark might damage him has 30 days in which to file an opposition to your registration. If such an opposition is made, you will be informed; you then must fight it or abandon your trademark.
* If no opposition is filed, you proceed to the next step. If you've already used the trademark and submitted your allegation of use, you will receive a Certificate of Registration about 3 months after the date of publication in the Gazette. The Certificate means you're registered and you may use the R in the circle next to your trademark. If, however, you've been lazy and you haven't used the trademark, you will instead receive a Notice of Allowance about 3 months after publication. You have 6 months from the receipt of this notice to use the trademark and send in the necessary documentation, or apply for a 6-month extension. Once you've used the trademark and sent in the allegation of use, etc., you will receive your Certificate of Registration.
* Your trademark registration is good for 10 years, and you must renew it every 10 years. In addition, after the fifth anniversary of your registration and before the sixth, you must file a Section 8 affidavit to let the USPTO know you're still using the trademark. During the 10 years, always use the circled R with your mark; protect your rights by keeping others from using your trademark or similar ones; don't abandon your trademark or stop using it; and control the use of your trademark by licensees (specify under what circumstances they may use it).
Follow-up for "Use" Application
* Answer any correspondence from the USPTO promptly, following all instructions to the letter. A missed deadline or a mistake can result in a long delay.
* After about 4 months, an attorney at the USPTO will examine your trademark application for acceptability. If it is unacceptable, the USPTO will inform you of this, of their reasons for so determining, and of any corrections you must make. This correspondence will also contain information about available appeals processes. At this point, you can make the corrections, appeal the decision or abandon the trademark. If the trademark is acceptable, the trademark will be posted in the USPTO's Official Gazette and a notice of publication will be sent to you.
* Once the trademark has been published in the Official Gazette, anyone who believes that your use of the mark might damage him has 30 days in which to file an opposition to your registration. If such an opposition is made, you will be informed; you then must fight it or abandon your trademark.
* If no opposition is filed, you will receive a Certificate of Registration about 3 months after the date of publication in the Gazette. The certificate means you're registered, and you may use the R in the circle next to your trademark.
* Your trademark registration is good for 10 years, and you must renew it every 10 years. In addition, after the fifth anniversary of your registration and before the sixth, you must file a Section 8 affidavit to let the USPTO know you're still using the trademark. During the 10 years, always use the circled R with your mark; protect your rights by keeping others from using your trademark or similar ones; don't abandon your trademark or stop using it; and control the use of your trademark by licensees (specify under what circumstances they may use it).
