Navigating the Filing Process for Trademark Applications at the USPTO

Last Updated: A week ago

Photo of author
Edited by Daler Radjabov, Esq.

Need help with trademarks? Click here to talk to Trademark Attorney

Upon submission to the United States Patent and Trademark Office (USPTO), all trademark applications filed under sections 1 or 44 of the Trademark Act undergo a thorough review to ensure they meet the minimum requirements for a filing date. If the application meets these requirements, it is granted a serial number and a filing date. Those that do not meet the requirements will be processed according to the guidelines outlined in section 702.01 of the Trademark Act.

Applications filed electronically through the Trademark Electronic Application System (TEAS) are generally received by the USPTO within seconds and the filer is immediately shown a confirmation page. In addition, the filer will receive an email confirmation that includes a summary of the application data and general processing information. It is important for the filer to review this summary carefully for accuracy and inform the USPTO of any discrepancies by emailing [email protected].

Section 66(a) applications, which are requests for extensions of international registrations in the United States, will receive a filing receipt from the USPTO at the correspondence address on record. The filer should review this receipt attentively for accuracy and notify the USPTO of any discrepancies in writing by emailing [email protected] or mailing them to the Commissioner for Trademarks at P.O. Box 1451, Alexandria, Virginia 22313-1451.

Permitted paper applications under sections 1 or 44 that have been given a filing date will receive a filing receipt from the USPTO, which includes information about the mark, the application serial number, filing date and register, the type of mark, the statutory basis for filing, the identification of goods and services and international classes, information about the applicant, and the address for correspondence. It is important for the filer to review this receipt carefully for accuracy and inform the USPTO of any discrepancies by emailing [email protected].

If the information in the filing receipt is inconsistent with the information in the application as filed, the filer can request a correction by emailing [email protected]. If the filer made an error in the application, they should file a TEAS Voluntary Amendment Not in Response to USPTO Office Action/Letter form or an amendment on paper (if permitted). If an examining attorney has not yet been assigned to the application, a voluntary amendment will be considered part of the application record. If an examining attorney has already been assigned, the voluntary amendment will only be entered into the record if it does not expand the scope of the application.

Leave a Comment