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- Colby Leversee, Staff Member
hey this is elizabeth weinstein and today we're going to talk about how to check the status of a registered trademark or a trademark application in the united states patent and trademark office so in the united states patent and trademark office a trademark is not automatically granted you have to apply for a trademark and it goes through a process that can take at least six months if not a year or multiple years before you actually get a registered trademark during that time period you're going to need to check the status of your application that's true if you're the person applying for the trademark if you're someone researching whether or not someone else has a trademark you want to know what the status is or if you already have a registered trademark and you want to keep up on the stat status of your registered trademark because it doesn't just last forever unless you maintain it so how do you actually check the status of a trademark this here is the trademark electronic search system test so let's say you don't remember what the trademark number is that you're looking for the application serial number or the registration number or you don't know what that is because it's not your trademark here's how you would search for that there are different search options and going over the details is something i'll do in another video but let's just look at basic the basic search let's search for all of nike's trademarks and there's a lot of them so it'll give us some good examples when you get the 300 or the 168 nike and nike related trademarks applications and registrations here you see the serial number registration number the mark we're talking about and then this check status link this is what you want to click on so let's look at this is the last trademark that nike got which is just over nike let's click on tsdr and see what comes up this is going to open a different database called the trademark status and document retrieval tsdr here we have in all kinds of information about this trademark this trademark has registered so if you go down here it says status registered and then it has this little symbol here and that's the registration symbol for a trademark so that's how you find the status on any trademark or trademark application if we go back here and we look at one that's just an application that hasn't registered yet i'm going to click on the tspr in this one we have a different status it's still being examined that's why it has a file with a little magnifying glass and the status is a first request for extension of time to file a statement of use has been granted so what that means is is this trademark was applied for before they actually were using this phrase in conjunction with the sale of a product or service but to actually get the registered trademark you have to start using it so it's this has been approved it's been accepted by the office but they haven't actually filed their statement of use proving up that they're using it for this particular trademark it's over products so sports bags footwear things like that so they're gonna have to probably have a photo that shows that the phrase is either on the product itself or it's on some kind of tag or label so how often do you need to check the status of a trademark application or registered trademark if you have an application that is pending before the united states patented trademark office you want to check the status at least every six months i actually check the status monthly for all my pending applications for my clients and if you have a registered trademark you probably want to check the status every six months if not every year here's why for a trademark application there are deadlines that are very strict and you want to know if you just had didn't get a communication from the patent and trademark office and you're going to miss a deadline a lot of these deadlines are six month deadlines but some of them are different so the idea is if you check it at least three months you're not going to miss one of those six month deadlines now for registered trademarks you still have deadlines too at five years and 10 years and going on forward you have to prove up that you're still using your trademark and if you miss that deadline there's actually a couple deadlines but if you miss that deadline then your trademark is cancelled so what are all the different statuses that are possible well there's a lot here's all the different icons and here's a list which is an incredibly tiny font of many common statuses but there are even more pieces of information that could be in that status field so the first status you're going to see is awaiting examination awaiting examination means you file the trademark application and for the first three months the trademark office doesn't do anything about it and so it's just waiting for someone to get the file under examination that's going to be the entire time that the trademark is being examined by a trademark examiner so we're going to have this symbol here with the little magnifying glass then during the process of examination you may go into some other kind of subcategories of under examination those could be things like an office action has been issued so the trademark office has told you how why they reject your application and you have six months typically to get back to them it may also say that the review is complete but they haven't actually taken the next step and it could also state that you there is a notice of allowance but you need to file the statement of use which is what i already talked about earlier once you get past the under examination and let's say it's going to be granted then it's published for opposition and there are different statuses where you're waiting to be published where that position is pending and where it's actually been published for opposition once that happens then you're going to have your trademark be registered and there's a couple different statuses it can have you can have it can be it should be registered and have nothing going wrong or it can be registered but then it got cancelled and typically that happens because someone didn't do a filing that was required to maintain their trademark another status is that it has been abandoned so an application is not automatically granted by the trademark office they examine it to determine if you should get the trademark so it can be refused and it could also just be abandoned because maybe you didn't respond to an office action so it's something very important to remember is that they're going to send you an office action they're going to send you a response and you have to actually respond to that on time within strict strict deadlines sometimes there are ways to get an abandoned application back but it's that also has a very strict deadline so it is important to always be checking that status so your tip today is that you need to set reminders or some kind of ticker to check your trademarks or trademarks of your competitors that you want to see maybe it has expired maybe it has been canceled maybe it's been abandoned and you're going to pounce on
Thanks yebushaA your participation is very much appreciated
- Colby Leversee
About the author
I've studied astrobiology at Hastings College in Hastings and I am an expert in clinical neuropsychology. I usually feel blah. My previous job was biomedical engineer I held this position for 26 years, I love talking about gold prospecting and mushroom hunting. Huge fan of Jason Sudeikis I practice synchronized swimming and collect petroliana.
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