You Filed Your Trademark Application. Now What?
Hitting "submit" on your USPTO trademark application feels like a finish line. In reality, it is closer to the starting gun. The USPTO trademark filing process has several distinct stages between submission and the moment you hold a registration certificate, and each stage has its own timeline, requirements, and potential pitfalls.
This guide walks you through every step in plain English so you know exactly what to expect, what to watch for, and when you need to act. If you are still deciding whether to file or want a broader overview, check out our trademark roadmap before diving in here.
Stage 1: Filing Confirmation and Serial Number Assignment
Within minutes of submitting your application through the USPTO's Trademark Electronic Application System (TEAS), you receive an email confirmation containing your serial number. This number is your application's permanent identifier. Write it down. You will use it to track status, respond to correspondence, and reference your application in any future filings.
At this point your application is in a queue waiting to be assigned to a USPTO examining attorney. That wait currently runs roughly three to four months, though the USPTO's workload can shift this window. You can monitor your application status at any time through the USPTO's Trademark Status and Document Retrieval (TSDR) system.
TEAS Plus vs. TEAS Standard: Does It Affect What Comes Next?
The form you used to file matters beyond the initial fee. A TEAS Plus application requires stricter upfront compliance, including selecting goods and services directly from the USPTO's Acceptable Identification of Goods and Services Manual. In exchange, you pay a lower per-class fee. A TEAS Standard application gives you more flexibility in describing your goods and services but costs more per class.
If you filed TEAS Plus but your application does not meet all the requirements, the USPTO may convert it to TEAS Standard and charge you the difference. This is one of the more common surprises filers encounter early in the process. For a breakdown of current fees, see our post on trademark filing fees breakdown.
Stage 2: Examination by a USPTO Attorney
Once your application reaches the front of the queue, a USPTO examining attorney reviews it. This is not a rubber stamp. The examiner checks for several things:
- Whether the mark is distinctive enough to function as a trademark
- Whether the description of goods and services is acceptable
- Whether the specimen (if required) properly shows the mark in use
- Whether there are any conflicting marks already on the register
- Whether the application meets all technical requirements
If everything looks good, the examiner approves the application for publication. If something needs to be fixed or if there is a substantive problem, the examiner issues an office action.
Understanding Office Actions
An office action is a formal letter from the USPTO identifying one or more issues with your application. Office actions fall into two broad categories:
- Non-final office actions: The first substantive refusal or requirement. You have three months to respond (extendable to six months for a fee).
- Final office actions: Issued if the examiner is not satisfied with your response to a non-final action. Your options narrow at this point.
Common reasons for office actions include likelihood of confusion with an existing mark, a merely descriptive mark, an unacceptable specimen, or an identification of goods and services that is too broad or vague.
Responding to an office action well requires understanding what the examiner is actually objecting to. A weak or incomplete response can result in a final refusal. If you receive an office action and are unsure how to respond, connecting with a qualified trademark attorney is worth serious consideration. You can find a trademark attorney through our directory.
For a deeper look at how to handle office actions strategically, see our post on how to respond to a trademark office action.
Stage 3: Publication for Opposition
If your application passes examination, it is approved for publication in the Official Gazette, the USPTO's weekly publication. This is called trademark publication for opposition.
Publication gives third parties 30 days to oppose your registration if they believe your mark would harm them. An opposition is a formal proceeding before the Trademark Trial and Appeal Board (TTAB). Oppositions are relatively rare, but they do happen, especially in crowded industries or when your mark is similar to an existing brand.
What Happens If Someone Opposes Your Mark?
If a third party files a notice of opposition, your application enters an inter partes proceeding before the TTAB. This is a more complex, adversarial process that typically benefits from legal representation. The TTAB will ultimately decide whether your mark can proceed to registration.
If no opposition is filed within the 30-day window (or any approved extension), your application moves forward automatically.
Stage 4: Registration or Notice of Allowance
What happens next depends on the basis of your application.
Use in Commerce Applications (Section 1(a))
If you filed based on actual use of the mark in commerce, and no opposition was filed or the opposition was resolved in your favor, the USPTO issues your trademark registration certificate. This typically arrives within two to three months after the publication period closes. Your mark is now officially on the Principal Register.
Intent-to-Use Applications (Section 1(b))
If you filed based on a bona fide intent to use the mark (you have not yet launched), the USPTO issues a Notice of Allowance instead of a registration certificate. You then have six months from the Notice of Allowance to either:
- File a Statement of Use (showing actual use in commerce), or
- File a Request for Extension of Time (up to five extensions, each six months, for a total of three years)
Until you file an acceptable Statement of Use, your mark will not register. This is a step many intent-to-use filers miss or mistime.
Stage 5: Post-Registration Maintenance
Registration is not a one-time event. Keeping your trademark alive requires ongoing filings. Missing these deadlines can result in cancellation of your registration, which means losing all the rights that come with it.
Section 8 Declaration
Between the fifth and sixth year after registration (with a grace period), you must file a Section 8 declaration of continued use. This filing confirms that your mark is still in use in commerce for the goods and services listed in your registration. If your mark is no longer in use for some of those items, you can delete them from the registration rather than lose the whole thing.
Section 15 Declaration
At the same time as your Section 8 filing, you have the option to file a Section 15 declaration of incontestability. This is not required, but it is strategically valuable. After five years of continuous use following registration, filing a Section 15 declaration makes your mark incontestable on certain grounds, strengthening your ability to enforce it.
Trademark Renewal: Section 8 and 9 Combined Filing
Between the ninth and tenth year after registration (and every ten years after that), you must file a combined Section 8 and Section 9 renewal. The trademark renewal USPTO process requires both a declaration of continued use and a renewal application. Miss this window and your registration is cancelled.
For a full breakdown of post-registration obligations and timelines, visit our trademark maintenance roadmap.
Quick Checklist: The USPTO
FAQ
Is this legal advice?
No. This article is informational only and not legal advice.
Where should founders start?
Begin with a practical screening process in Trademark Search.
What should teams do before filing?
Review risk patterns, compare alternatives, and align on a filing plan in Pricing.
Informational disclaimer: this article is educational content and not legal advice.