The process
What actually happens, from form to certificate
Eight stages. You are involved in two of them. Here is every step, what we do, and roughly how long the USPTO takes on its side.
- 01
You send the brand details
The mark exactly as you use it, who owns it — a person or an entity, and it matters which — what you sell under it, and your first use dates if you are already trading. Roughly ten minutes on one form.
Your time: About 10 minutes
- 02
We search the register
A knock-out search for identical and closely similar marks in your class. On the Professional and Concierge packages this widens into a full clearance search across state registers and common-law use, with a written risk report.
Your time: Nothing
- 03
We classify and draft
Your goods and services are mapped to the right Nice class and the description is drafted against the USPTO Acceptable Identification Manual. Wording that is too broad gets refused; wording that is too narrow leaves gaps.
Your time: Nothing
- 04
You approve the draft
You see the exact wording, class and owner details that will be submitted. Nothing is filed until you confirm. This is the last cheap moment to change anything.
Your time: About 5 minutes
- 05
We file with the USPTO
The application is submitted and a serial number is issued the same day. You get the filing receipt and the case link.
Your time: Nothing
- 06
Examination
An examining attorney is assigned, typically seven to nine months later. They check for conflicts and for formal problems. If they raise an objection, that is an office action and it has a three-month deadline — we tell you what it means and what to do.
Your time: Nothing unless an action issues
- 07
Publication
If the examiner approves, the mark is published in the Official Gazette for thirty days so third parties can oppose. Most applications pass through unopposed.
Your time: Nothing
- 08
Registration and after
The certificate issues. From there the job becomes maintenance: the Section 8 declaration between years five and six, optional Section 15 incontestability, and Section 9 renewal at year ten. We docket all of it.
Your time: Approve maintenance filings
Honest limits
What this process cannot do
Defend Your Trademark prepares and files. Being clear about the edges of that is part of the service.
It cannot guarantee registration
Examination is a judgement call made by a USPTO attorney. A good search and a well-drafted application improve your odds substantially. Nothing makes them certain.
It is not legal advice
We do not advise you on your rights, assess infringement liability or represent you. Where a question is legal rather than procedural, we tell you to speak to an attorney.
It does not cover disputes
Oppositions, cancellations and infringement actions are contested proceedings requiring counsel. We can prepare the file and hand it over; we cannot run them.
Next step
Find out whether your name can be registered
Send us the mark and what you sell. Defend Your Trademark runs the preliminary search and comes back with a straight answer — including when the answer is that you should pick a different name.