Tyree Hyche & Dixon prepares your application (2 Weeks)
COLLECT INFO: We collect information about your trademark in order to conduct a comprehensive search.
SEARCH & ANALYSIS: We will run a comprehensive search of similar trademarks & analyze your trademark within 1 week of hiring us.
STRATEGY: If necessary, we will advise on classes and specimens.
APPLICATION: We will prepare your application based on the information that we have collected. We will send to you for final review.
SUBMIT: Assuming your cooperation and timely responses, we will have the application submitted to the USPTO within 2 weeks of hiring us.
The USPTO processes your application (6-12 Months)
ASSIGNMENT: After we submit, it takes about 3 months to be assigned to an examining attorney.
EXAMINATION: In 1-2 months, the office reviews your application. The examining attorney will determine whether your trademark can be registered, by looking to see if the mark is potentially confusing with other registered marks, descriptive, merely ornamental, the title of a single work, among other things.
This is the most challenging part of the trademark registration process. Those that decide to move forward with a mark that can’t be registered or neglect to do a comprehensive trademark search often end the trademark process when the examining attorney denies the application.
PUBLICATION: The mark is published in the Official Gazette for opposition, a 30-day window where the mark can be challenged. The length of time may be longer because an opposer may file an extension of time to oppose, in which they can get 30-90 more days to file an opposition to your application.
NOTICE OF ALLOWANCE: If you have not begun using your trademark as of the time of the filing and we filed an “intent to use” trademark application, the examining attorney will issue a Notice of Allowance. After you have received a Notice of Allowance, you have 6 months to show trademark usage.
REGISTRATION: It then takes a few months for the office to process and issue a registration certificate.
NEXT STEPS: We will send you the registration certificate, other key documents, and tips for maintenance & enforcement. You can use the ® symbol.