How to Check Your Trademark Status and What It Means | USPTO Trademark Status Explained

[@ElizabethPW]

Want to work with me on your USPTO Trademark application? I have a few spots in my schedule for new clients for Trademark Packages ($850 plus USPTO filing fees), where I will represent you & file your trademark with the United States Patent & Trademark Office. This includes doing a trademark search, consulting about strategy, filing the application, and facilitating it through the trademark office process. If you're interested, email me at [e-mail] and we can get started discussing if this is a good fit for you and next steps.

[@Perspicuous87]

If only all videos could be this helpful and to-the-point. Thank you so much. Subscribed.

[@ElizabethPW]

Thanks for the sub!

[@daniels9063]

This was so so helpful thank you!!

[@ElizabethPW]

You're welcome!

[@burhannbektas]

That I couldnt find somewhere else. Well done!

[@shamsundar1675]

Thanks, this video helps!

[@ElizabethPW]

great to hear!

[@jessicagomez42]

Thank you so much for explaining!

[@ElizabethPW]

Welcome!

[@Heyo_its_Kyle]

Fantastic Video! Do you happen to know what class of goods a business would fall under if your providing the service of selling in the field of toys and collectibles? You ROCK! Thanks!

[@ElizabethPW]

If the business is selling other people's toys/collectibles usually it would be in one of the class 35 "store" categoies

[@assurancepolygraphllc]

Extremely helpful. Thank you so much

[@ElizabethPW]

Glad it was helpful!

[@enekneya7378]

This was VERY helpful!

[@ElizabethPW]

Glad it was helpful!

[@QuakerDragon]

Very helpful. Thanks!

[@ElizabethPW]

Glad it was helpful!

[@SylviaFF]

Super helpful, thank you very much!

[@ElizabethPW]

Glad it was helpful!

[@zainhassan4728]

Very helpful video

[@ElizabethPW]

Glad it was helpful!

[@Abubakar32199]

Hi My Trademark is at 4th stage Common Status Descriptors how much it take more time to live i filled application previous year aug?

[@ElizabethPW]

Once the trademark is approved, then it will be published for opposition - that takes a month to set the date and then it is published for 30 days. Then assuming no objections are filed, it will take a few months for them to process the final paperwork and send you the trademark ("issue" the trademark). Generally it is taking over a year for a trademark to go from filing to issue, if nothing goes wrong.

[@abbanks9177]

Youre awesome thank you

[@ElizabethPW]

Welcome!

[@happuccinolife9668]

Thank You. I received a scam letter about renewing before my Trademark is lost. I've learn a lot from your videos. Maintenance being the most important. Thank You Darrell Grant Happuccino Life

[@ElizabethPW]

Great to hear that you were able to catch the scam! Those scam letters make me so angry, they are confusing to so many people!

[@ProbuddhaNag]

Hi - thank you for your video. Do you know how we can set up email alerts to be notified when the status of a TM application changes? I know it can be done but don't know how. Many thanks in advance

[@ElizabethPW]

Hm well if you have your email in the "correspondence" field then you should get notifications about filings like Office Actions or renewals, but not exactly about change in status. There are some random companies who send these types of notifications, where you can sign up with them.

[@ProbuddhaNag]

@@ElizabethPW Thanks for your reply..I found out that one can create an USPTO account and set up alerts in the Trademark Docket section.

[@DrMdini]

I'm sure this is highly variable, but how often will a trademark be opposed when published in the Trademark Official Gazette?

[@ElizabethPW]

It's fairly rare. I don't have stats of course but in my practice it is like 1-2%

[@DrMdini]

Thanks for responding!

[@Shjkigrfhjvdewawgmhygggk]

How to check German trade mark registered or pending?

[@ElizabethPW]

If you go to www.trademarkia.com/ they have foreign trademark searching

[@godshallsmiteyouu]

Should I go ahead and file the application for my trademark before I form the LLC??

[@ElizabethPW]

Hm that's a hard question. Generally it is better to file the trademark as soon as you can (as soon as you know the branding etc.), so you can get the earliest date. But if you file it now, then you'll have to do an assignment later, and many people forget to do that. So if you file the trademark first, make sure you do the assignment as soon as the LLC is formed.

[@godshallsmiteyouu]

@@ElizabethPW Thank you so much for the reply and all that you do to help us!! 😇😇

[@ebrewn]

do i need to trademark a brand before an llc or can i just get an llc instead of trademarking or it it good to do both?

[@ElizabethPW]

If you want to project the brand name, you need the trademark

[@shesgratefulclo3185]

I dont under conveying party signature and date omitted from the supporting document. 15 u s.c. 1060(a) (3) Assignments shall be by instruments in writing duly executed. Need Advice lol.

[@ElizabethPW]

The assignment has to be done in writing - just a contract where the "conveying party" (the person who used to own the trademark) is signing it over to the new owner. So when you file the assignment with the trademark office, you have to upload that written assignment.

[@shesgratefulclo3185]

Elizabeth Potts Weinstein Thank You!

[@shesgratefulclo3185]

Not gone lie need a little help because, because they say need a stamp with the official date of receipt under 37 CFR 3. Have to use certified procedures under 37 CFR 2. 197 or 2. 198 if you dont mind emailing, I'll Appreciate it.

[@ElizabethPW]

The 2.197 and 2.198 is about sending express mail or certified mail. If you are going to mail something to the USPTO, you'd use that so it tracks when you send it. I wouldn't ever mail something, though -- I'd upload it as a PDF to where it should be submitted, instead.

[@shesgratefulclo3185]

Thank You! I cant believe you helped me like this. Thank You! I may need a lawyer in the future on my business, I'll definitely keep your name in mind. Thank You again!

[@cwross2697]

Very Helpful. I'm trying to renew. When I try to log in to USPTO from the link they sent to my email, it says it does not recognize my email address. It is the same one they sent to me. ?? Any suggestions

[@ElizabethPW]

Hm it may be that the USPTO has your email to send you notices, but you don't have a login account for USPTOdotgov. Here's a link to set up your login account: my.uspto.gov/?pCVCl72mLsgOcCl24dbkdvdYwegiTlI8=

[@raptorturf3734]

When you register for a trademark, how long does it take to show up on the Tess search?

[@ElizabethPW]

Historically it is added to the database in 1-3 business days (but during covid it has taken longer).

[@KevnMadeIt]

Can I cancel a pending trademark and is it easy to cancel? I submitted but changed my mind about things and want to wait.

[@ElizabethPW]

Hm it is not canceling exactly (and you don't get your money back) but you can file file an express abandonment. If you are very attached to the potential trademark, since the USPTO is taking *so long* right now, better to stick with it as long as you are going to use it in the next 3 years (unless you don't have the money for the extensions you'll need to file).

[@SparePartsCartoon]

Do i have to wait for my trademark to be approved before releasing my game?

[@ElizabethPW]

No it is common to release it before approved, but of course you'll need to change the name if the trademark is refused

[@lonniemiller2912]

What does this mean - WITHDRAWN FROM PUB - OG REVIEW QUERY , I don't see this in the list of explanations.

[@ElizabethPW]

Hm, I've seen that before, it seemed like it was just on their back end, where the manager of the examiner is reviewing their work. In my case it ended up getting published a bit later. You could call or email the examiner to ask about the status.

[@jennidelacreme3756]

My status says, Review prior to publication completed & publication date is on 10/4. Does this mean exactly? There's a high chance I am approved?

[@ElizabethPW]

Yes it is good news. That means the examiner hasn't found anything wrong, so it will be "published for opposition" in October. Then the world has 30 days to object (rarely happens, but possible). After the 30 days from 10/4 is done, and assuming no one objects, then it would register as a trademark.

[@jennidelacreme3756]

@@ElizabethPW YAY! Thank you for your help!

[@amryoussef121]

Good afternoon I would like to have consultation with you. Let me know if it’s possible thank you.

[@ElizabethPW]

Hi - check out my Patreon for options - www.patreon.com/elizabethpw

[@kayots]

What happens if I registered a trademark for a book series that I don’t plan to release for 1-2 years? For example if the trademark was given to me this month in august but I dont plan on releasing/publicly using the name until october-december of next year or the year after

[@ElizabethPW]

If a trademark is approved but can't issue because you have not yet used it in commerce, you can file 6-month extensions for up to 3 years. They charge $$ for that of course but it gives you time to launch.

[@kayots]

@@ElizabethPW thanks a lot for your reply! will it be hard to be approved without having used it in commerce or having anything publicly demonstrable ?

[@ElizabethPW]

They can approve it but it won’t issue unless you have used it in commerce

[@lorreacabo]

I filed a Trademark application with USPTO for my clothing brand logo on May 31st, 2021 and my Status date was June 3rd, 2021..At this point when do I get an examining attorney? Also, on TrademarkElite where I can view my information, it stated that on Jun 03, 2021 NEW APPLICATION ENTERED IN TRAM and on Aug 24, 2021 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM. Does TRAM mean I'm closer to getting an examining attorney? ( sorry about the caps lock, I just copied and pasted here from the TrademarkElite Website). If the status date for my Application was June 3rd, 2021 shouldn’t I be getting an Examiner as we speak?

[@ElizabethPW]

The USPTO is very behind. It used to be that they took 3 months to assign an examiner, and then in 2021 they officially changed to 6 months. But the reality is, it has been taking 8-9 months before my applications are assigned to an examiner.

[@genericpill]

What do you charge for a trademark application, class 25, clothing name?

[@ElizabethPW]

Check out this page on my website for more info www.elizabethpottsweinstein.com/trademarks/ but for a basic trademark plan I charge $850 (that does not include the UPSTO fees)

[@drweiss8]

Question can Mariah Carey trademark queen of Christmas

[@ElizabethPW]

Hm possibly if she is using in commerce for branding and she is the only one or was first for that class

[@drweiss8]

@@ElizabethPW thank you very much for helping me with that question