Filing a trademark application with the United States Patent and Trademark Office (USPTO) can feel like a major milestone for any entrepreneur. You have spent time and effort developing your brand, creating a distinctive name or logo, and finally taking that formal step to protect it. However, many business owners are surprised to discover that the filing is only the beginning of a longer process. Once your application has been submitted, a series of important steps must follow before your mark becomes officially registered. Understanding what happens after you file your trademark application can help you avoid confusion, reduce anxiety, and prepare for what’s next.

After you submit your application, the USPTO immediately issues a serial number. This number serves as your application’s permanent identifier, allowing you to track its status online through the USPTO’s Trademark Status and Document Retrieval (TSDR) system. Although receiving a serial number might feel like confirmation, it does not mean your trademark has been approved. It simply acknowledges that the USPTO has received your application and placed it in line for examination.

Initial Review and Waiting Period

The first phase after filing is the initial review process. Once submitted, your application enters a queue to be examined by a USPTO trademark attorney. Due to the high volume of filings, this step typically takes between three to four months, though processing times may vary depending on the USPTO’s current workload. During this waiting period, your application is essentially pending, and you may continue to use your mark in commerce if you are already doing so.

It’s important to monitor your application status regularly. Many applicants mistakenly assume the USPTO will reach out if there is an issue, but it is your responsibility to stay informed. The TSDR system will show updates as your application moves through each stage, from receipt to assignment to an examining attorney.

Examination by a USPTO Attorney

Once assigned, a USPTO examining attorney will review your application in detail. Their primary goal is to determine whether your trademark meets all the legal requirements for registration under the Trademark Act. This review includes confirming that your mark is not confusingly similar to an existing registered or pending trademark and that it complies with all formal filing standards.

The attorney will also examine your description of goods or services to ensure it is clear and accurate. If your description is too broad or vague, the attorney may issue a request for clarification. Additionally, they will verify whether your specimen (the example showing how your mark is used in commerce) is acceptable. For intent-to-use applications, the specimen review occurs later, after you file your Statement of Use.

Potential Office Actions

If the examining attorney identifies any issues during the review, you may receive an Office Action. This is a formal communication from the USPTO outlining the reasons for refusal or the specific issues that must be corrected. Office Actions can be administrative, such as missing information or improper formatting, or substantive, such as a likelihood of confusion with another mark or a determination that the mark is merely descriptive.

You are typically given six months to respond to an Office Action. Failure to respond within that timeframe will result in your application being abandoned. If you receive an Office Action, it is crucial to review it carefully and consider consulting with a trademark attorney. A well-prepared response can often overcome the refusal and keep your application moving forward.

Publication for Opposition

If your application passes the examination stage, it moves to publication in the USPTO’s Official Gazette, which is a weekly online publication. The purpose of this step is to give third parties a 30-day window to oppose your application if they believe your mark conflicts with theirs. Most applications go through this phase without opposition, but if an opposition is filed, your case will move to the Trademark Trial and Appeal Board (TTAB) for resolution.

This opposition period serves as a final safeguard to ensure that new trademarks do not infringe upon existing rights. While the idea of a public opposition period may sound intimidating, most applicants never encounter this step, especially if they conducted a proper clearance search before filing.

Registration or Notice of Allowance

Once the opposition period concludes without challenge, the USPTO takes one of two actions depending on the type of application you filed. If your mark was filed based on actual use in commerce, the USPTO will issue a Certificate of Registration, officially granting your trademark rights. This certificate signifies that your mark is now legally protected under federal law.

If your application was filed on an intent-to-use basis, the USPTO will issue a Notice of Allowance instead. This notice means your application has been approved, but registration is not yet complete. You must submit a Statement of Use showing that you are now using the mark in commerce. Once that document is accepted, your registration will be finalized.

Post-Registration Maintenance

After your mark is registered, your responsibilities as a trademark owner continue. To maintain your rights, you must file specific maintenance documents at regular intervals. The first filing, a Section 8 Declaration, is due between the fifth and sixth year after registration to confirm continued use of the mark. At the ten-year mark, you must file a combined Section 8 and Section 9 Renewal to extend your protection for another decade. Failure to meet these maintenance deadlines can result in cancellation of your registration.

Additionally, it’s vital to monitor the marketplace for unauthorized use of your mark. Trademark rights are not self-enforcing, which means it is up to you to take action if someone infringes upon your brand. A proactive monitoring strategy, supported by legal counsel, helps protect the integrity and value of your trademark.

Why Legal Guidance Matters

Although the trademark process is designed to be accessible, it can quickly become complex once issues arise. A single mistake, such as an unclear description, missed deadline, or unaddressed Office Action, can delay or even derail your registration. Having an experienced trademark attorney guide you through each stage not only increases your chances of success but also helps you make strategic decisions for your brand’s future.

At Cohn Legal, PLLC, we work with startups, entrepreneurs, and established businesses to navigate the trademark journey from start to finish. Our goal is to make the process clear, efficient, and aligned with your business goals. Filing your application is just one part of protecting your brand, what happens afterward is where experience truly matters.

Final Thoughts

Filing a trademark application is a big achievement, but the steps that follow are equally important. From examination and publication to registration and ongoing maintenance, every stage plays a role in protecting your intellectual property. The more you understand about what happens after filing, the better positioned you are to respond quickly, make informed decisions, and secure your brand’s future.

Your brand is everything. Protect it forever and always with guidance you can trust. For a clear path forward, contact Cohn Legal, PLLC for a free consultation and discover how to simplify your trademark journey.