How To Write A Federal Trademark Registration Memorandum

This memorandum is intended to give a broad overview of the federal trademark registration process. The entire process will usually take around one to two years from the initial filing to receiving the federal trademark. This timetable is affected by a plethora of factors such as possible objections from the USPTO or third parties and the number of applications filed before that are still in the process. Usually the following steps are included in the process: Searching and clearance, Preparing and filing the application, examination, publication, and registration. Any databases or phone numbers that maybe needed in the process are included or hyperlinked for convenience.

SEARCHING AND CLEARANCE
Before filing for an application there are several things …show more content…
At this point, any interested party can file an opposition to the mark’s registration. They can even ask for a time extension to extend the thirty days in which they have a chance to file an opposition. If an opposition is filed, the applying party must file an answer within thirty days so as not to risk the application being abandoned. In this reply the mark can be defended, a counterclaim can be brought, or the two parties can settle.

If there is no opposition filed against the mark, it will be registered on the Principal Register.

REGISTRATION

Upon registration, the USPTO will mail the owner of the mark a Certificate of Registration. This will be the official document of evidence of the mark’s registration. On receipt, the certificate should be copied and the original stored in a safe place for record keeping.

In order to maintain the registration, the mark must not be abandon and it must be maintained. Abandonment can occur in several ways:
• Discontinue use with the intent to not resume use;
• The mark becomes generic;
• The owner fails to control use by a licensee;