Yes. A trademark may be transferred at any time. It may be transferred before an application for registration is filed, while an application is pending, or after registration. If the transfer occurs after filing an Intent-to-Use application, then it may be necessary to wait until an Amendment to Allege Use or a Statement of Use
Can a trademark be transferred while a registration application is pending? Read More »
While recordation of a trademark assignment is not mandatory, it is strongly recommended because it puts potential users and acquirers of interests and rights in the trademark on notice of the identity of the new owner. This can prevent, and help resolve, disputes over the validity of the claims of subsequent purchasers and licensees. If
Should a transfer or assignment of a trademark be recorded with the USPTO? Read More »
Yes. The USPTO can cancel a registration for a particular class or classes of goods or services while leaving the registration intact for another class or classes of goods or services. The Trademark Modernization Act allows the USPTO to expunge or reexamine specific classes of claimed use that lack evidence of actual and continuing use
There is a 6-month grace period after a trademark renewal deadline is missed, but extra fees must be paid. If a trademark registration is not renewed during the required period or within the 6-month grace period, then the registration is deemed abandoned.
What happens if I miss the deadline to renew a trademark registration? Read More »
To maintain a trademark registration and avoid a finding of abandonment, the trademark owner must file the necessary renewal documents at specified intervals. Renewal documents must be filed between the 5th and 6th year after registration, between the 9th and 10th year, and every 10 years thereafter. Renewal requires the payment of filing fees.
What must be done to maintain a trademark registration? Read More »
A trademark registration can last forever, in theory, if the maintenance requirements are satisfied and the USPTO or a court does not cancel it. Put another way, a trademark registration endures until the earlier of: (a) failure to timely renew or comply with a filing requirement; (b) cancellation of the registration by the USPTO; or
How long does a trademark registration last? Read More »
The time it takes for the USPTO to process a trademark application can vary significantly. The time frame usually ranges from 6 to 12 months from the date an application is filed to the date a registration certificate is issued. Office actions and oppositions can lengthen the processing time considerably.
How long does it take to register a trademark? Read More »
An Office Action is a communication from the USPTO, normally from the Trademark Examiner assigned to your application. It can address a wide variety of matters related to an application. These range from minor errors to a problem serious enough to prevent registration of the trademark. The appropriate response to an Office Action will vary
How should I respond to an Office Action? Read More »
Yes. A citizen of a country other than the United States may register a trademark with the USPTO, as may a foreign corporation or business. Foreign companies and citizens of other countries must use a U.S.-licensed attorney.
As of April 25, 2026, the base application fee to apply to register a trademark with the USPTO electronically is $350.00 per class. These fees are in addition to the fee an attorney charges for his services. Filing fees change from time to time, and there may be additional fees associated with an application in
