Navigating the world of trademarks can be daunting, but understanding the various trademark status meanings is essential for protecting your brand. In this guide, we’ll break down the different statuses your trademark application might encounter and explain the importance of a comprehensive trademark search.
Once you file your trademark application with the United States Patent and Trademark Office (USPTO), it’s your responsibility to monitor the status and respond to any requests promptly.
You can do this by entering your serial number into the Trademark Status and Document Retrieval (TSDR) system.
Your application can fall into one of two main categories: LIVE or DEAD. Let’s explore the different statuses within these categories, starting with the nine different LIVE statuses.
The TM5 “Common Status Descriptors” (CSD) Project aims to give trademark owners easy-to-see information about the status of a trademark application or registration. To make online searches simpler, TM5 Partners have implemented these Common Status Descriptors in their online trademark databases. A trademark’s status is clearly shown using a red or green symbol.
Your trademark application has met the basic filing requirements and is now waiting to be assigned to an examiner. This means the application has been accepted by the USPTO but is not yet under review.
Your trademark application has been accepted and assigned to an examiner. The examination process has begun, and the examiner will review the application for compliance with trademark laws and regulations.
After examination, if your application meets all requirements, it will be published in the Official Gazette. This publication allows the public to oppose the registration if they believe it would harm their own trademark rights.
If someone opposes your trademark during the publication period, your application enters the opposition pending stage. The USPTO will then review the opposition and make a decision.
If your trademark application is refused, you can appeal the decision. During this stage, your appeal is under review, and a final decision is pending.
Congratulations, your trademark has been registered with the USPTO! Your trademark is now officially protected under federal law.
Even after registration, your trademark may be published again to allow for any challenges from the public. This ensures ongoing protection and validation of your trademark rights.
If your registered trademark faces opposition, it enters the opposition pending stage. The USPTO will review any challenges and make a decision regarding the validity of the trademark.
Your registered trademark is currently undergoing a challenge that could result in its removal from the registry. This could be due to a legal dispute or a request for cancellation.
Your trademark application was either refused, dismissed, or invalidated by the USPTO. This means the application is no longer active and cannot proceed further.
The owner of the trademark application decided to withdraw or abandon the application. As a result, the application is no longer active.
The trademark was initially registered but later cancelled or invalidated and removed from the registry. This could happen for various reasons, including legal disputes or non-compliance with maintenance requirements.
The trademark owner voluntarily removed the trademark from the registry. This is usually done when the owner no longer wishes to maintain the trademark.
The trademark registration was not successfully maintained, leading to its expiration and removal from the registry.
Before filing for a trademark, conducting a comprehensive trademark search is vital.
This search helps ensure that your chosen trademark is unique and does not infringe on existing trademarks. A comprehensive search involves checking multiple databases and sources to make sure that someone else hasn’t already registered or applied for a trademark that’s the same as or too similar to yours.
If someone else already has done so, the USPTO may refuse your application because of a likelihood of confusion between your trademark and the other trademark. It’s your decision whether or not to file your application after having a trademark search conducted.
The search process isn’t just about finding identical marks but also identifying similar ones in sound, appearance, or meaning. Additionally, it requires consideration of related goods and services. They don’t have to be identical; they just need to be related in a way that might confuse consumers about the source.
Understanding the trademark status meaning is crucial for managing your trademark application effectively. By staying informed and conducting thorough searches, you can protect your brand and ensure its success in the marketplace.
Given the complexity and importance of a thorough search, it’s highly recommended to seek out a professional trademark search company. Experts, like TradeMark Express, can ensure that your search is comprehensive and accurate, significantly reducing the risk of future legal issues. By leveraging our expertise, you can have confidence that your trademark application stands the best chance of success.
Status | Description |
APPLICATION/Awaiting Examination | The application has met the basic filing requirements and is waiting to be assigned to an examiner. |
APPLICATION/Under Examination | The application has been assigned to an examiner and is under review. |
APPLICATION/Published for Opposition | The application has been examined and published for public opposition. |
APPLICATION/Opposition Pending | One or more oppositions have been filed during the publication period and are pending decision. |
APPLICATION/Appeal of Refusal Pending | An appeal of the refusal to register the application is under review. |
REGISTRATION/Issued and Active | The trademark has been registered with the USPTO and is now protected. |
REGISTRATION/Published for Opposition | The registered trademark is published again for public challenge. |
REGISTRATION/Opposition Pending | One or more challenges to the registered trademark have been filed and are pending decision. |
REGISTRATION/Cancellation/Invalidation Pending | The registered trademark is undergoing a challenge that could result in its removal from the registry. |
APPLICATION/Refused/Dismissed or Invalidated | The application was refused, dismissed, or invalidated by the USPTO and is no longer active. |
APPLICATION/Withdrawn/Abandoned | The application was withdrawn or abandoned by the owner and is no longer active. |
REGISTRATION/Cancelled/Invalidated | The registered trademark was cancelled or invalidated and removed from the registry. |
REGISTRATION/Surrendered | The registered trademark was voluntarily removed from the registry by the owner. |
REGISTRATION/Expired | The trademark registration was not maintained and has expired, resulting in its removal from the registry. |
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