December 28, 2017,

Trademark Application Issues

What Happens if There is a Problem with your Trademark Application?


After your trademark application is filed, it is assigned to an examining attorney in the U.S. Patent & Trademark Office (USPTO). The examining attorney will review your application to determine if your trademark meets the legal requirements for registration and if the trademark you want to register is identical or confusingly similar to an existing trademark or pending trademark application. If the examining attorney determines that your trademark does not meet the legal requirements, he or she will issue a refusal of your application with a detailed explanation. A refusal can be preliminary or final.

Without any knowledge of trademark law, it is difficult for most people to understand the explanation for the refusal provided by the examining attorney and also how to prepare an appropriate response. Most online services that file trademark applications usually do not include responding to refusals as part of their services.

How Johnson Moss LLC Can Help You

An experienced trademark attorney can tell you whether or not your trademark meets the legal requirements for registration, before you file your application, so you won’t waste your time and money filing an application that will probably not be successful. If you have already filed a trademark application yourself, or through an online filing service, and have received a refusal, a trademark attorney can explain to you the basis for the refusal and whether or not you should spend time preparing a response. In some cases, you cannot overcome the legal basis for the refusal and it would be a waste of time to try. Sometimes, the best course of action is to allow the application to be abandoned and start over with a new application. Schedule a consultation with Johnson Moss LLC to discuss your trademark application.