Frequently Asked Questions

Managing Your Trademark Case

How long does it take to prepare a trademark application?

  • Typically, it takes 48 to 72 hours from the time an application is submitted on trademarkisland.com to the moment an official trademark application is submitted to the Patent and Trademark application.

What happens after my trademark application is filed?

  • After the USPTO determines that you have met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes, and includes all required fees. Filing fees will not be refunded, even if the application is later refused registration on legal grounds. A complete review includes a search for conflicting marks and an examination of the written application, the drawing, and any specimen.
  • If the examining attorney decides that a mark should not be registered, the examining attorney will issue a letter (Office Action) explaining any substantive reasons for refusal, and any technical or procedural deficiencies in the application. If only minor corrections are required, the examining attorney may contact the applicant by telephone or e-mail (if the applicant has authorized communication by e-mail). If the examining attorney sends an Office Action, the applicant’s response to the Office Action must be received in the Office within six months of the mailing date of the Office Action, or the application will be declared abandoned.
  • If the applicant’s response does not overcome all objections, the examining attorney will issue a final refusal. To attempt to overcome a final refusal, the applicant may, for an additional fee, appeal to the Trademark Trial and Appeal Board (TTAB), an administrative tribunal within the USPTO.

How can I check the status of my pending trademark application?

  • Once you receive a filing receipt containing the serial number of your application, you may check on the status of your application through the Trademark Applications and Registrations Retrieval (TARR) database on the Office’s website at http://tarr.uspto.gov/. If you do not have access to the Internet, you can call the Trademark Assistance Center at 1-800-786-9199 (or 571-272-9250 if you live in Northern Virginia) to request a status check. Applicants should check on the status of their pending applications every six months.

Who will manage correspondence received from the U.S. Patent and Trademark office during the application process?

  • An attorney from The Law Offices of Herbert T. Patty will manage any Office Actions or correspondence from the U.S. Patent and Trademark Office with respect to your application process.