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Trademark - Trademark Registation and Enforcement

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The Patent and Trademark Office ("PTO") is responsible for the Federal registration of trademarks. When an application is filed, it is reviewed to determine if it meets the requirements for receiving a filing date. If the filing requirements are not met, the entire mailing, including the fee, is returned to the applicant. If the application meets the filing requirements, it is assigned a serial number, and the applicant is sent a filing receipt.


The first part of the registration process is a determination by the Trademark Examining Attorney as to whether the mark may be registered. An initial determination of registrability, listing any statutory grounds for refusal as well as any procedural informalities in the application, is issued about four-five months after filing. The applicant must respond to any objections raised within six months, or the application will be considered abandoned. If, after reviewing the applicant's response, the Examining Attorney makes a final refusal of registration, the applicant may appeal to the Trademark Trial and Appeal Board, an administrative tribunal within the PTO.


Once the Examining Attorney approves the mark, the mark will be published in the Trademark Official Gazette, a weekly publication of the PTO. Any other party then has 30 days to oppose the registration of the mark, or request an extension of time to oppose. An opposition is similar to a proceeding in the Federal district courts, but is held before the Trademark Trial and Appeal Board. If no opposition is filed, the application enters the next stage of the registration process.


If the mark published based upon its actual use in commerce, a registration will issue approximately 12 weeks from the date the mark was published. If, instead, the mark published based upon applicant's statement of a bona fide intention to use the mark in commerce, a notice of allowance will issue approximately 12 weeks from the date the mark was published. The applicant then has six months from the date of the notice of allowance to either (1) use the mark in commerce and submit a statement of use, or (2) request a six-month extension of time to file a statement of use. 

Areas of Practice

  • Trademarks

  • Copyrights

  • Entertainment Law

  • Domain Names

  • Corporation, Partnership & Business Law


Please call or email for a free consultation.

Phone: 877.863.7784 or 516.771.0349  

Fax: 516.771.7677

Trademark, copyright, entertainment, domain, corporation law







Robert S. Broder, P.C. 2903 Preston Lane Merrick, NY 11566
Phone: 877.863.7784 or 516.771.0349 Fax: 516.771.7677

admitted New York and Connecticut

Legal Topics of Interest

What is a trademark?
A trademark is a name, slogan, or logo that identifies or distinguishes a specific product or service.

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Trademark registration overview
A trademark is registered by filing an application with US Patent and Trademark Office.

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Types of Business Entities


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USPTO Electronic filing


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