Trademark Monitoring

Completing the registration process involves more than just submitting an application. A common belief is that once a trademark application is filed, the majority of the process is complete, and registration will follow, but this is only the initial step; the reality is more complex!

After submission, a USPTO examiner will review your mark and may contact you if any information is missing, requires amendment, or is subject to refusal. This document is known as a Notice of Action, which must be responded to promptly, thoroughly, and prudently to avoid risking your trademark registration.

What Are the Consequences of Not Responding to a Notice of Action Promptly?

Failing to respond to a Notice of Action within the required timeframe or not requesting an extension with the USPTO will result in your trademark application being declared “abandoned.” This allows others the opportunity to register the same mark. Minimize this risk by letting us handle the complexities of your trademark registration process, ensuring it remains smooth and straightforward.

What If You Respond to a Notice of Action, But Not Properly?

Merely responding on time to a Notice of Action does not guarantee the safety of your trademark. Errors, such as an unauthorized party signing the response, can lead to your application being “abandoned.” You would then need to start the application process from scratch. Furthermore, if the USPTO examiner is unsatisfied with your response, they may issue a “FINAL” office action, representing your last opportunity to secure your trademark registration. Don’t leave this to chance; contact us for clarity and peace of mind!

Responding to a Notice of Allowance Timely and Accurately

Following a 1(b) intent-to-use application, the USPTO may request a specimen to prove your trademark is actively used in commerce. It’s crucial that the specimen submitted meets their criteria and accurately reflects use. Failure to appropriately respond to this notice or submit an acceptable specimen can result in your trademark not being registered. In addition, if this notice is not addressed “timely,” your application will be considered “abandoned,” requiring you to restart the entire application process. Let us guide you through understanding specimen requirements and submitting the correct specimen “timely” to ensure your mark will be registered.

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    I worked with Oguz Law to register my trademark, and they did a fantastic job! They were always available to answer my calls whenever I had questions or concerns. I highly recommend them to anyone looking for help with trademarks!
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    Frequently Asked Questions

    It's crucial to monitor your trademark registration process because of the diverse deadlines, which vary based on the registration type. Neglecting to track these deadlines can lead to delays and incur fees related to your application.

    It's important to consider whether your trademark will indeed be registered. Remember, the trademark application process is complex. Following your application, the USPTO examiner may issue notices requiring accurate and timely responses for registering your trademark.
    Protection is imminent, solutions are our tradition.