Congratulations! Your trademark application has cleared the initial USPTO examination hurdles and is now approved for publication. But here’s what many business owners don’t realize: you’re not registered yet. In fact, you’re entering one of the most critical phases of the entire trademark process—the publication period. Understanding what happens next could mean the difference between securing your brand protection and facing unexpected legal challenges.
Once approved for publication, your trademark appears in the Trademark Official Gazette (TMOG)—the USPTO’s weekly online publication released every Tuesday. Think of this as your trademark’s official “coming out party” to the business world.
The TMOG includes:
This publication serves a crucial purpose: it gives the entire business community notice that you’re seeking exclusive rights to your trademark.
Here’s where things get interesting—and potentially challenging.
Publication triggers a 30-day period during which any member of the public can oppose your trademark registration if they believe it would harm their business interests.
The 30-day opposition window isn’t set in stone—it can be extended if someone needs more time to prepare their challenge. During this period, any business or individual who believes your trademark registration would harm their interests can file an opposition.
An opposition is essentially a legal challenge filed through a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). The TTAB functions like a specialized court for trademark disputes within the USPTO, staffed by administrative trademark judges.
While opponents can raise various objections to your trademark, the most frequent challenge involves likelihood of confusion. This means someone claims your trademark is too similar to theirs—whether in appearance, sound, or meaning—and could confuse customers about which business provides which products or services.
If someone does oppose your trademark, you’re entering what’s essentially a court case within the USPTO system. Here’s what to expect:
This isn’t a simple dispute resolution—opposition proceedings can be lengthy, expensive, and require legal expertise to navigate successfully.
This is exactly why comprehensive trademark research is so critical before filing your application.
This opposition period highlights exactly why thorough trademark research is so critical before you file your application.
When you’re evaluating trademark services providers, ensure they conduct comprehensive searches that examine:
These searches should cover:
A comprehensive search helps identify potential opposition threats early, potentially saving you from costly legal battles during the publication phase and beyond.
If the 30-day period passes without opposition, your application moves forward—but you’re still not registered yet. Here’s what happens next based on your filing basis:
If your trademark was in use before or at the time of filing, you likely filed a use in commerce trademark application.
Once the 30-day period passes, your trademark will register automatically, typically 3-4 months after publication. You’ll receive your official registration certificate, and your brand protection becomes active.
If your trademark was NOT in use before or at the time of filing, you would have filed an intent to use trademark application.
You’ll receive a Notice of Allowance instead of registration. This means:
From publication to final resolution typically takes 3-4 months, assuming no opposition occurs. During this time:
The publication phase represents both an exciting milestone and a critical vulnerability period for your trademark application. While seeing your mark in the Official Gazette feels like victory, remember that opposition can come from unexpected sources. The businesses that successfully navigate this phase are typically those that invested in comprehensive trademark research upfront, identifying and addressing potential conflicts before they became expensive legal battles.
Your trademark journey isn’t complete until you hold that registration certificate—but with proper preparation and understanding of the process, you’re well-positioned for success.
Don’t leave your trademark’s future to chance.
TradeMark Express provides comprehensive trademark searches that examine federal, state, and common law databases for conflicts in sound, appearance, and meaning. Our thorough research helps identify potential opposition risks before you file, giving you the insights needed to make informed decisions about your brand protection strategy. Order your comprehensive trademark search today and move forward with confidence in your trademark application.
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