It is advisable that you check the status of your pending application every three (3) months from the filing date to ensure that you do not miss any correspondence from the corresponding trademark office or filing deadline during the application review process. To check the status of your pending federal application, log onto http://tarr.uspto.gov, follow the prompts and provide your Serial Number when prompted. You may also call the Trademark Assistance Center at 1-800-786-9199 to check the status of your pending federal application. To check the status of your pending Florida trademark application, log onto http://www.sunbiz.org, follow the prompts and provide your Serial Number when prompted. You may also call the Trademark Registration Center at (305)336-0024.

It may take approximately one (1) year to complete the application review process. However, it may take longer depending on the filing basis of the application and legal issues that may arise during the review of the application.

No. The trademark office reviews each trademark application and may refuse to register a trademark if it does not comply with the requirements of the applicable trademark law.

No. The trademark office considers the filing fee to be a processing fee that will not be refunded even if the proposed trademark is not granted registration.

• The trademark is likely to cause confusion with a trademark already registered or in a previously filed application.
• The trademark is merely descriptive of the goods or services being offered under the mark because it describes an ingredient, quality, characteristic, function, feature, purpose or use of the goods or services. The mark may also be refused it if deceptively misrepresents one of these attributes.
• The trademark is primarily a geographically descriptive term where the main significance of the mark is geographic and the public will think the goods or services originate in that geographic place. The mark may also be refused it is deceptively misdescriptive in that the goods and services actually do not originate from the place identified by the mark.
• The trademark is a primarily a surname in the eyes of the public.

Additionally, the examining attorney may request additional information or clarifications concerning: (i) the goods and services listed on the application, (ii) the way the mark is described on the application, or (iii) the quality of the drawing or the specimens submitted along with the application, among other grounds.

Application is reviewed - Approximately, three months after the application is filed, it is assigned to an examining attorney at the United States Patent and Trademark Office (“USPTO”) who will review the application to determine whether trademark law permits registration.

Office Action is issued – If the examining attorney issues a refusal to register the mark or requests additional information or clarifications, the examining attorney will issue a letter called an Office Action. The application must respond to the Office Action within six months of the issue date or the application will be abandoned. If the examining attorney is satisfied with the response, then approximately one to two months later, the mark is approved for publication in the Official Gazzette (described in the paragraph immediately above). If the examining attorney believes that the applicant has not satisfactorily addressed the issues in the Office Action, a final refusal letter or Office Action will be issued. The applicant will have another six months in which to respond. There is also an appeal procedure available.

Application is published for opposition - If the examining attorney does not issue a refusal or requests additional information or explanations, then approximately one month later, the mark is approved for publication in the Official Gazzette. This publication is issued weekly and puts the public on notice that the USPTO intends to grant registration to a mark. Approximately one month later, the mark is actually published in the Official Gazzette for thirty days. During this thirty day period, anyone may oppose or object to the registration. If an opposition/objection is filed, then the applicant has the opportunity to respond and no further action is taken on the application until the opposition/objection is resolved.

Trademark is approved for registration – Assuming all refusals, requests for additional information and objections have been overcome or satisfied, then approximately three months after publication period in the Official Gazzette, the trademark is ready for registration. If the filing basis is “use in commerce”, then the USPTO issues a trademark registration. If the filing basis is “intent to use”, then the USPTO issues a Notice of Allowance indicating that the trademark will be allowed to be registered after the applicant has filed acceptable evidence in the form of a “Statement of Use” that the applicant has started to use the mark in commerce for all the goods and services listed on the application. If the applicant has not yet started to use the mark, the applicant may file up to five requests for extensions of time to file a Statement of Use, each at six month intervals, each requiring a filing fee. Once an acceptable Statement of Use is filed, a trademark registration will be issued in approximately two months.