By Desirée Townsend
After your trademark application has been assigned to an Examining Attorney at the USPTO, they will conduct a review of your application. Once the review is complete, and the Examining Attorney raises no objections to your registration, they will issue a Notice of Publication which will give you the date your trademark will publish in their Official Gazette. Click here to access the USPTO's Official Gazette.
The date of your publication kicks off a 30-day period during which any member of the public who believes they’ll be harmed by the registration of your trademark may step forward to oppose it. Any member of the public that wishes to oppose your trademark, may do so by filing a Notice of Opposition, which starts a legal proceeding with the Trademark Trial and Appeal Board (TTAB).
If no one opposes your trademark during the 30-day publication period, your application proceeds to the next step in the registration process.
If you filed your trademark application as "in use in commerce," otherwise known as a Section 1(a), your application will register within a few months.
If you filed your trademark application as "intent-to-use," otherwise known as a Section 1(b), you will instead be issued a Notice of Allowance. This means that you will be required to submit a Statement of Use (SOU) by a designated deadline. Once your Statement of Use has been filed, your trademark will move forward in a few months to registration.
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