If you’re thinking about protecting your brand name, logo, slogan, or other distinctive mark, you’re likely considering a federal trademark. But once you file an application, who actually reviews it? The answer: The United States Patent and Trademark Office (“USPTO”).
What is the USPTO?
The USPTO is a federal agency within the U.S. Department of Commerce. It’s responsible for granting patents and registering trademarks. While patents protect inventions, trademarks protect brand identifiers like names, logos, and taglines that distinguish goods or services in the marketplace.
The Trademark Application Process
Once you submit a trademark application to the USPTO it enters a multi-step review process:
- Initial Review: After filing, the USPTO assigns your application to a trademark examining attorney. This is a licensed attorney employed by the USPTO who reviews the application for legal sufficiency.
- Substantive Examination: The examining attorney checks for compliance with federal trademark laws, including:
- Whether the mark is distinctive and not merely descriptive or generic.
- Whether it is likely to cause confusion with an existing registered mark.
- Proper identification of goods/services.
- Appropriate specimen of use (if applicable).
- Office Actions (if needed): If there are any issues, the examiner issues an Office Action, detailing the reasons for refusal or required corrections. You or your attorney then have a chance to respond.
- Publication for Opposition: If the mark is approved, it is published in the Official Gazette, allowing third parties 30 days to oppose the registration.
- Final Steps: If no opposition is filed—or if any opposition is resolved in your favor—the mark moves to registration or to a Notice of Allowance, if filed on an intent-to-use basis.
Why the USPTO Matters
The USPTO plays a critical gatekeeping role in trademark protection. Registering a trademark through the USPTO grants nationwide rights and access to powerful enforcement tools. A strong trademark is your brand’s first line of defense. It helps you stand out in the market, build trust with customers, and safeguard the time and resources you’ve invested in your business.
Need help choosing or protecting your trademark? Call Rincker Law today at (217) 774-1373 for experienced trademark assistance.