status
19 November, 2018
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A trademark registration goes to various stages before it gets registered. Common stages or statuses include:
- Pending: A trademark registration application that has been filed but not yet registered.
- Published: When the USPTO approves the pending trademark for publication in the Official Gazette. Anyone who believes their business or mark may be harmed by registration of the mark has 30 days from the publication date to file an opposition to the registration, or request a time extension. If there are no oppositions, or they’re unsuccessful, the application enters the next stage of the registration process, and a Certificate of Registration will be issued.
- Registered: A trademark that is registered on the Principal or Supplemental Register of the USPTO (or Trademark Office of a foreign country). Although many U.S. states maintain registration systems, registered trademarks traditionally refer to federal registration only. Registration of a trademark can give business owners legal advantages, as it confirms validity of the mark and date of usage, which can be useful in litigation.
- Expired: The status of a trademark registration that is no longer active. This can happen if the trademark owner or registrant failed to renew the registration at the appropriate time.
- Abandoned: A trademark application that is no longer active. Abandonment can happen for a couple of reasons, such as the USPTO does not receive a response to an Office Action letter from an applicant within 6 months from the date the letter was mailed, or the USPTO does not receive a Statement of Use (or request for an extension of time to file a statement of use) from an applicant within 6 months from mailing. Abandoned applications can be revived in certain cases.
- Cancelled: When a trademark registration is no longer active. This may happen to a registered mark if the trademark owner doesn’t file the required Continued Use forms, or as an outcome of the proceedings of the Trademark Trial and Appeal Board or a civil court.