June 4, 2010, Newsletter Issue #131: Process The Application

Tip of the Week

Do not be impatient. It may take a number of months after you submit the application for the United States Patent and Trademark Office (USPTO) to determine that you’ve met the minimum filing requirements. Once they do, the application is forwarded to an examining attorney.

The examining attorney will conduct a search for conflicting marks and examine the written application, drawing and specimens for conformity with all applicable rules and statutes. If the examining attorney accepts the application, the next step in the process is Publishing for Opposition.

If the examining attorney decides that the mark should not be registered, he will issue a letter, called an Office Action, explaining the reasons for refusal and giving you an opportunity to respond. You will have 6 months to respond to the Office Action. If you do not respond, the application will be declared abandoned.

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