Trademark Status Explained Simply

Navigating trademark applications can be challenging, but grasping trademark status meanings is crucial for safeguarding your brand. This article will simplify the different statuses your trademark application might encounter and highlight the significance of a thorough trademark search.

How to Check Your Trademark Status

After filing your trademark application with the USPTO, it’s essential to monitor its status and address any requests promptly. You can track your application by entering your serial number into the Trademark Status and Document Retrieval (TSDR) system.

Your application will fall into one of two main categories: LIVE or DEAD.

Here’s a breakdown of the different LIVE statuses:

LIVE Trademark Statuses

Trademark Application Stage

• APPLICATION/Awaiting Examination?

?? Your application has met the initial requirements and is waiting for an examiner to review it.

• ?APPLICATION/Under Examination?

?? The USPTO has assigned an examiner to your application, and the review process has started.

• ?APPLICATION/Published for Opposition?

?? After review, your application is published in the Official Gazette, allowing the public to challenge it if needed.

• ?APPLICATION/Opposition Pending?

?? If there’s been an opposition, your application is under review while the USPTO considers the challenges.

• ?APPLICATION/Appeal of Refusal Pending?

?? If your application was refused, an appeal is currently under review.

Trademark Registration Stage

• REGISTRATION/Issued and Active?

?? Your trademark is officially registered and protected under federal law.

• ?REGISTRATION/Published for Opposition?

?? Even after registration, your trademark may be published again to allow for public challenges.

• ?REGISTRATION/Opposition Pending?

?? If a challenge is made against your registered trademark, the USPTO reviews the opposition.

• ?REGISTRATION/Cancellation/Invalidation Pending?

?? Your registered trademark is under a challenge that may lead to its removal from the registry.

DEAD Trademark Statuses

Trademark Application Stage?

• APPLICATION/Refused/Dismissed or Invalidated?

?? The USPTO has refused or invalidated your application, which is no longer active.

• ?APPLICATION/Withdrawn/Abandoned?

?? The application has been withdrawn or abandoned by its owner and is no longer active.

Trademark Registration Stage

• REGISTRATION/Cancelled/Invalidated?

?? Your trademark was registered but later cancelled or invalidated, removing it from the registry.

• ?REGISTRATION/Surrendered?

?? The trademark owner voluntarily removed it from the registry.

• ?REGISTRATION/Expired?

?? The registration lapsed due to non-maintenance and has been removed from the registry.

Why a Comprehensive Trademark Search Matters

Before filing for a trademark, conducting a thorough trademark search is essential to ensure your mark is unique and doesn’t infringe on existing trademarks.

This search checks various databases to confirm that your trademark isn’t too similar to an existing one.

Key Databases for a Trademark Search

Federal Trademark Search ?

Check the USPTO database for registered and pending trademarks. This search helps identify any existing federal marks that could potentially conflict with your proposed trademark.

State Trademark Search ?

Review state databases, as some businesses register only at the state level. State-level searches can uncover trademarks that may not be listed in federal databases but could still affect your application.

Common Law Search ?

Investigate unregistered trademarks through business directories and online platforms. This search helps identify common law trademarks that may not be officially registered but could still pose a risk of confusion.

It’s crucial to not only find identical marks but also similar ones in sound, appearance, or meaning. Consider related goods and services that might confuse consumers about the source.

Understanding trademark status is vital for managing your application effectively. By staying informed and conducting thorough searches, you can protect your brand and ensure its success. For a detailed and accurate search, consider consulting a professional trademark search company like TradeMark Express, to help your application stand the best chance of success.

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