Back to: Trademark Process
Once your trademark is approved for publication, it will be published in the weekly online Trademark Official Gazette (https://www.uspto.gov/learning-and-resources/official-gazette/trademark-official-gazette). Please note that your trademark is not yet registered at this stage. Publication initiates a 30-day period during which anyone who believes they may be harmed by the registration can file a Notice of Opposition (https://www.uspto.gov/trademarks/ttab/notice-opposition) with the Trademark Trial and Appeal Board (TTAB) (https://www.uspto.gov/trademarks/ttab/about-ttab). This starts a legal proceeding regarding your trademark.
If there is no opposition during the publication period, your application will move forward in the registration process. Your trademark is still not registered at this point. It typically takes three to four months from the date of publication to receive official notification regarding the registration or next steps.
If your application is based on use in commerce, your trademark will proceed to registration after publication.
If your application is based on an intent to use the trademark in commerce, your trademark will not register immediately. Instead, you will receive a Notice of Allowance (https://www.uspto.gov/trademarks/apply/intent-use) and must submit a Statement of Use (SOU) (https://www.uspto.gov/trademarks/apply/statement-use) by the specified deadline. The SOU must include a specimen showing how you use the trademark in commerce. Once you submit an acceptable SOU, your trademark will register. Learn more about filing an SOU and extension requests (https://www.uspto.gov/trademarks/apply/intent-use/after-notice-allowance-filing-statement-use-or-requesting-extension).

Leave a Reply