How to check trademark status in US?
How to check trademark status in US?
Trademark applicants or registrants must check their application status to ensure the USPTO is acting on all the documents you sent in a timely manner. The trademark status can be in various stages: pending examination by the USPTO, published for opposition or officially registered, granting the owner exclusive rights within their designated class. You can check the status for free using the Trademark Status and Document Retrieval (TSDR) with a trademark serial or registration number. It is an essential step after you complete the US trademark registration. This article helps you to learn how to check the trademark status in US.
IndiaFilings provides US trademark registration service with end-to-end assistance!!
Get Started Now!What is Trademark Status in US?
Trademark status in the United States refers to the current standing or condition of a trademark within the legal framework established by the U.S. Patent and Trademark Office (USPTO). It indicates whether a trademark is registered, pending, abandoned, or successfully maintained. Understanding the trademark status is crucial for businesses and individuals to protect their intellectual property rights and enforce their exclusive rights to use the trademark in commerce.
Why to check the Trademark Status?
Maintaining a consistent check on your trademark registration status is important for several reasons:
- Ensuring Timely Responses to Office Actions: The USPTO examiner reviewing your application may require additional information through an “Office Action.” A timely response (within three months) is essential to avoid application abandonment. Monitoring your status helps you stay informed and address these requests promptly.
- Avoiding Application Abandonment: Failure to respond to Office Actions within the designated timeframe can lead to the abandonment of your trademark application. Regular status checks ensure you don’t miss deadlines and potential application abandonment.
- Monitoring for Potential Oppositions: Once the examiner approves your application, third parties have a 30-day window to file an opposition against your trademark. Checking your status allows you to identify any opposition and prepare a response.
- Taking Appropriate Actions: By being aware of the USPTO’s decisions and any challenges that may arise (Office Actions or oppositions), you can take informed actions to navigate the registration process effectively.
When should you check the trademark status in US?
Ensure to check your trademark application status in the following circumstances:
- Check your trademark application status at least every three to four months between the filing dates and the issuance of the registration. The USPTO suggests you set up a reminder system to do this regularly.
- Check the registration status at least every six months after filing the post-registration documents, such as Declaration of Use and/or Excusable Nonuse under Section 8 or renewal application under Section 9, till you receive the acceptance notice from USPTO.
Also read: Types of US Trademark Registration
How to check the trademark registration/application status in US?
By following these steps, you can conveniently monitor the progress of your trademark application or registration using the TSDR system.
Step 1: Access the TSDR System:
You can use the TSDR (Trademark Search and Document Retrieval) System to retrieve the status information and review all the documents submitted for the pending applications and registered trademarks.
Step 2: Enter Your Identification Number:
On the TSDR homepage, locate the search bar and enter either your:
- Trademark Serial Number: Assigned upon filing the application.
- Trademark Registration Number: If your trademark is already registered.
Step 3: Choose Your Preferred Information:
Click one of the following buttons based on what you want to view:
- “Status” Button: Provides a summary of your current application or registration stage.
- “Documents” Button: Allows you to review all documents associated with your trademark within the USPTO record.
Step 4: Review Status Details (if selecting “Status”)
- The “Prosecution History” section will display a timeline of events related to your application or registration.
- Focus on the “Status” field, which offers the most current information about your trademark’s progress within the USPTO.
- You can expand different headings within the “Status” section for more detailed information.
Step 5: Document Your Check (Optional):
- Print a copy of the displayed information for your records.
- Write the date on the printout.
- Maintaining these records demonstrates your diligence in tracking the application or registration status.
Learn more: How to Maintain your Trademark in US?
Understanding the Trademark status
Getting to know your trademark application status using TSDR is simple. But understanding what it means to your registration process can be a little bit difficult. Here’s a breakdown of common trademark statuses:
- Under Examination: A USPTO trademark attorney has filed and examined the application. This initial examination process takes about four months.
- Notice of Allowance: The USPTO issues a Notice of Allowance if no third party opposes your trademark. This means your mark has been allowed for registration but has not yet been registered. It opens up the six-month window for the registrants to provide a Statement of Use or request a six-month extension period to file a Statement of Use.
- Registered: The trademark is officially recognized by the USPTO and enjoys legal protection. You can now use the ® symbol beside your trademark, and no additional information is required until the fifth or sixth year of trademark ownership.
- Abandoned: The applicant has failed to respond to Office actions or not filed the Statement of Use before the deadlines, resulting in the application being abandoned. Once abandoned, it loses its legal protection.
- Cancelled: A registered trademark may be cancelled if it is not used in commerce for a prolonged period or if a legal challenge is successful.
- Published for Opposition: This status signifies a key stage in the trademark registration process. After the examiner approves your application, your trademark gets published in the Official Gazette for 30 days. During this period, any third party who believes your trademark shouldn’t be registered can file an opposition.
Conclusion
In conclusion, checking your trademark status in the US is crucial to ensuring a smooth trademark registration process. Regularly monitoring your application or registration through the Trademark Status and Document Retrieval (TSDR) system lets you stay informed of USPTO actions, respond to Office Actions promptly, address potential opposition, and safeguard your brand identity. Remember, consistent status checks and timely responses are essential for successful trademark registration.
Register your trademark in the US and respond to inquiries with IndiaFilings experts!!
Get Started Now!