
Trademark Processing
You just filed your trademark. Congrats!
Here is what you can expect next:
Receipt and Publication
Immediately after filing your trademark application, you’ll receive an official receipt documenting your claim to the mark. This receipt will be publicly visible on the USPTO database within a few weeks. While this doesn’t provide direct legal rights on its own, it’s often sufficient to open accounts like Amazon Brand Registry if needed.
Trademark Priority
Although the receipt does not grant actual trademark rights, it establishes your official claim to the name. Your legal priority date is locked in as either the date of filing or the date of first use in commerce, whichever is earlier. From that point forward, you're in a stronger position to defend your trademark against later filers.
USPTO Review Timeline
The USPTO is currently taking 6-7 months to review new applications. When they do, the examining attorney will either:
Approve the application as-is,
Request minor clarifications or corrections, or
Issue a formal refusal if there are substantive issues.
Publication for Opposition
If your application is approved, the USPTO will publish it for opposition—this is a 30-day window where third parties can oppose your application if they believe it infringes their rights. Opposition filings are relatively rare for most standard applications.
Registration
If no oppositions are filed, your trademark will move to registration. Timing depends on your filing basis:
If filed based on actual use, registration typically occurs a few months after publication.
If filed on an intent-to-use basis, registration will issue after you submit proof of public use.
TL;DR: A straightforward trademark application typically takes a little over a year to reach registration—or longer if you're not yet selling your product or service, in which case you will need to prove public use first.
Other USPTO Responses and Challenges
During trademark processing, it’s possible the USPTO may request a minor correction or clarification regarding the application, or could potentially issue a refusal. These can include:
Minor Corrections
It’s common for the USPTO to request small changes. These may include:
Clarifying your goods and services description
Submitting a better specimen showing actual use
Adding a disclaimer for a non-registrable portion of your mark (e.g., generic terms)
These issues are typically easy to address and do not significantly delay your application.
Substantive Refusals
Occasionally, the USPTO may issue a more serious refusal, such as:
A finding that your trademark is confusingly similar to a prior registration
A claim that your mark is merely descriptive of your goods or services
If you’re working with us, we usually catch these risks before filing, so they’re rare. But if a refusal is issued, you'll have an opportunity to submit a legal response to try to overcome it.