Why don’t I see my registered trademark in the search results when I sign up to monitor my mark?

24 October, 2018

There are a few reasons that you may not see your trademark in the results list. The most common ones are:

1) Misspelling
Check that you’ve entered your trademark name correctly.

2) You only have “common-law” rights
A trademark in use but not registered with the Trademark Office is known as a “common-law” mark, and usually isn’t enough to keep someone else from using it too. They provide no legal protection from copycats beyond the local area. That’s why properly trademarking a brand by registering with the Trademark Office is critical, as it gives businesses protection in the form of legal ownership nationwide.

3) Your application was never successfully filed with the USPTO
This may be the case if:

  • The USPTO did not receive your application
  • After submitting your application, you failed to respond to an office action within 6 months of the mailing date
  • You failed to file required maintenance documents
  • Inaccuracies in your application, known as “fraudulent filing,” resulted in cancellation of your application

4) Your trademark registration has expired
You are required to file maintenance documents at certain points after your application is approved to keep your trademark registration active. If you don’t file the documents in time, your registration may be cancelled. If so, you will have to submit a new trademark registration application.

If you suspect something may be wrong with your registered trademark, the USPTO recommends that you take action. Failure to follow up may result in registration cancellation.

You can contact the Trademark Assistance Center (TrademarkAssistancCenter@uspto.gov or +1 800 786 9199) for help.