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Trademark FAQ

Q. What happens after I submit my application to the USPTO?

A. If you have submitted an 1a application (actual use), the USPTO reviews it. They decide if there are any issues and if there are, they will issue an 'office action' and send this to us to clear. If there are no issues, they publish it and if no one comes forward with any problems, it gets registered. If you have submitted a 1b application (intent to use), then we wait until you use it. You have six (6) months before a Statement of Use or an extension thereof is required to be filed. You can only extend this five (5) times.

Q. How are trademarks assigned?

Trademarks are “assigned” based on a classification of the type of goods or services you are using the mark in connection with. In order for your trademark to be properly classify, you must clarify what type of good the trademark will be in connection with. 

Q. What is an office action?

An office action may request that you fix an error in the application to the more serious denial of the registration based on the face that there is already a confusingly similar trademark registered.