Month 0: Intake and Formalities Review
Within 24 hours the USPTO assigns you a serial number and routes the filing to an examining attorney queue. For the next three to four months you will see no movement while the office triages tens of thousands of incoming marks.
Use this waiting period to assemble backup specimens, proof of first use, and monitoring alerts so you are ready for the next phase.
Months 3-4: Substantive Examination Begins
Your examining attorney validates identifications, reviews specimens, and runs a conflict search. According to USPTO FY2024 data, 49 percent of applications receive an office action at this stage.
If you hired counsel, they can respond within the six-month window with persuasive legal arguments, disclaimers, or amendments. Missing the deadline leads to abandonment.
- Non-substantive actions (clarifying entity type or address) can be resolved quickly but still require a formal response.
- Substantive Section 2 refusals may require evidence, coexistence agreements, or narrowing your goods and services.
Months 5-7: Publication for Opposition
Once approved, your mark publishes in the Official Gazette for a 30-day opposition period. Competitors may oppose or request extensions if they believe your mark infringes on theirs.
If no opposition arrives, the mark moves to the next stage automatically. Intent-to-use applicants receive a Notice of Allowance instead of a registration certificate.
Key Documents to Track
- Notice of Publication or approval email from your attorney.
- Opposition filings or extension requests from third parties.
- Notice of Allowance if you filed based on intent to use.
Months 8-12: Registration Issuance or Statement of Use
Section 1(a) filings receive a certificate two to three months after publication. It will arrive digitally first, followed by a mailed version.
Intent-to-use applicants must submit a Statement of Use within six months of the Notice of Allowance (with up to five extensions). Missing this window is the most common reason intent-to-use filings lapse.
- Calendar the Section 8 and 9 maintenance filings as soon as you receive the certificate.
- Plan for a trademark watch service so you can prove ongoing enforcement if disputes arise.
- Ask your attorney to review licensing and assignment agreements now that your mark is registered.