What happens after a federal trademark application is filed?

After a federal trademark application is filed with the United States Patent and Trademark Office (USPTO), several steps occur in the application process. It's a long waiting process.

1. Application Review: Currently, it is taking approximately 9-10 months before an examining attorney from the USPTO reviews the application to make sure that the application meets the legal requirements and that the trademark is registrable. 

2. Office Actions: If the examining attorney identifies any issues, the examining attorney issues an Office Action. This letter may include requesting clarifications, amendments, or additional information, and may also provide suggestions to fix the application.

3. Publication: If there are no office actions or the office actions have fixed the application, then the examining attorney approves the application. After the application is approved, it is published in the online Trademark Official Gazette, a weekly publication by the USPTO. This allows third parties to review the application and file an opposition if they believe it may cause confusion with their own marks. The opposition period is 30 days from the publication date.

4. Registration: If no one opposed the trademark, the application moves to the registration phase, which take 3 - 4 months for the USPTO to register the trademark.  If the application was based on use in commerce, the trademark will be registered. If the application was based on an intent to use, the trademark will not register until a statement of use is filed. Once a specimen has been filed to show the trademark being used in commerce, the trademark will register.