Filing of the trademark application

Examination

After the USPTO determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney who will perform an examination destined to determine if the application filed fulfills the requirements established by the law and its regulation.

Office Action

If the examiner finds any deficiencies in the application filed, he will issue an office action (a letter) to the applicant, for her/him to answer it, amending the application in those subjects that were indicated by the examiner. Applicant will have to answer this letter within 6 months from the date this letter is issued. If no answer is filed by the applicant, the application will be considered abandoned. If the applicant's response does not overcome all objections, the examining attorney will issue a final refusal, giving a new term for the applicant to answer the objection and try to make the necessary amendants in order to obtain registration for the trademark filed.

Publication

If the examination concludes that the application fulfills the requirements established by law and any errors or omissions have been duly corrected, the application will be published in the Official Gazette. From the publication date, third parties have a thirty day term in which to file oppositions based on the belief that the published application might be detrimental to their rights, or in which to file a request to extend the opposition period.

If no opposition is filed, or filed oppositions are unsuccessful:

a) If an application is based on actual use, a foreign registration, or an extension of protection of an international registration to the United States, a registration Certificate will be issued.

b) If the application was filed as intent to use, a Notice of Allowance is issued. This communication represents another step in the registration process, and establishes the due date for filing a statement of use. The applicant will have six (6) months from the date of the Notice of Allowance to either: (1) Show actual use of the mark in commerce through submission of a Statement of Use ; or (2) Request a six-month Extension of Time to File a Statement of Use. Once the use in commerce of the mark has been demonstrated, the registration certificate will be issued.

Proof of Use

After registration is granted, and between the fifth and sixth year from the registration date, the owner must file a Declaration of use. A second declaration of use must be filed between the ninth and tenth year. In case the declaration is not filed, the trademark registration will be cancelled.

Duration of the registration

The protection of a registered trademark will last for ten years, and will be calculated from the date in which the registration was granted. The renewal application can be filed between the ninth and the tenth year of registration.

Why Marcaria.com?

Because Marcaria.com is formed by a team of Attorneys, Engineers and Technical Experts with years of experience in Trademark Registration. We can assure you that your trademark application will be filed correctly and all processes will be performed in a timely manner. You will be periodically informed about the process and, if objections arise during the process, knowledgeable professionals will be there.

Also, we provide the best value for money of the market.

Visit the following page in order to proceed with your Trademark Registration in United States