Will I ever have to give proof of my goods and services for a US application?
Yes. Proof of your goods and services for a US application must be either submitted with the initial application or after the notice of allowance has been granted. A statement of use will have to be provided for each class.
Will a TEAS RF or TEAS standard application be processed any faster than a TEAS plus?
No. All applications are processed according to when they are filed.
What if i can not find a suitable description in the ID manual for my goods or services?
It is always possible for an applicant to file a TEAS RF application which allows for custom descriptions.
Will the USPTO examining attorney hear an opposition?
No. Oppositions are held by the Trademark Trial and Appeal Board.
Who will decide if my office action response to the USPTO is acceptable?
The examining attorney assigned to the file will assess the response to your office action and advise the applicant if it has been accepted.
How long will I have to respond to an office action from the USPTO?
Typically a response must be received by the USPTO within 6 months.
My application to register my Trademark was denied by the U.S. Examining Attorney. What can I do?
You can file an appeal to the Trademark Trial and Appeal Board. You must file the appeal within six months of the mailing date of the final refusal from the USPTO Examining Attorney to register.
How long is the opposition period?
The opposition period starts on the date the application is published online in the Official Gazette and will end 30 days after that date. However, extensions are possible to be granted to the opposing parties if they file the correct document to the Trademark Trial and Appeal Board.
What is an office action?
A USPTO examining attorney sends an Office action to notify an applicant about issues with his or her application. This type of action will include the reason why registration is being refused or what requirements must be satisfied. In most cases, the applicant must respond to an Office action within 6 months from the date the Office action is issued or the USPTO will abandon the application, the application fee will not be refunded, and your mark will not register. There are two types of Office actions: non-final and final actions. A non-final Office action raises an issue for the first time. A final Office action issues when the applicant's response to the prior Office action fails to address or overcome all issues. An applicant's response to a final Office action generally is either compliance with the requirements or an appeal to the Trademark Trial and Appeal Board.
How do I prepare for a trademark registration?
There are many elements which go into a trademark application. The core components are applicant individual/business information, type of mark, basis of use and goods and services, application fee and specimens in some jurisdictions. Although preparing an application itself is not difficult, accurate evaluation of a mark and appropriate response to an Office Action are keys to a successful registration. For an overview of a US trademark application process, please click here.
How to count items on the pick list under Goods and Services for a Chinese Trademark Application?
The China Trademark Office uses the Nice Classification as a way to categorize its goods and services; but instead of counting items on the pick list under each class, the Chinese Trademark System organizes them into individual groups under each class. Pick list items with similar characteristics are grouped together and each group has its own unique code in the Chinese Trademarks Database. For example, Printing Service belongs to Group  in Class 40 and is assigned a numeric code 400111. This method of categorization allows applicant to cross search other groups that usually carry similar pick list items and makes it easy to identify items that might cause potential conflicts with the application. Consequently, grouping helps you to properly count the pick list items under Goods and Services; and it is a good idea to draw down relevant groups, items before you apply.
How does one register a trademark in the USA for non-residents?
For most non-resident filers the same process is used for all trademark applications in the US, but there are different ways to file. If you have already filed for a trademark in your own country please see our blog article on foreign filings to see if you can take advantage of the priority filing. However, to file as a non-resident you will need to be represented by US Attorney.
How to check if a trademark is registered at the USPTO?
USPTO stands for United States Patent and Trademark Office which is responsible for reviewing trademark applications for federal registration and determining if an applicant meets the registration requirements. To check a filed US trademark, go to USPTO website, and click Search trademark database. You will see several options to conduct a search. Depending on the type of marks you are interested, choose the appropriate search option. Once you arrive at the Trademark Electronic Search System page, type in your Search Term to conduct a search, and the system will show you results of the marks that contain the search term you entered. From there, you would know if a trademark you want is already registered or not.
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