What is the process and timeline for applying for a trademark in the U.S., specifically in the country found in USA, based on a foreign registration under Section 44(e)?

Step 1. Application filed: The applicant submits a U.S. application based on a foreign registration. The foreign registration must meet these criteria: 1) from a treaty country; 2) from the applicant's origin country; 3) owned by the applicant; 4) identical mark; 5) goods/services match. Approximately 3 months to step 2.

Step 2. USPTO reviews application: If filing requirements are met, an examining attorney reviews the application. Filing fees are non-refundable. Approximately 1 to 2 months to step 3a or step 3b.

Step 3a. USPTO publishes mark: If no issues are found, the mark is approved for publication in the Official Gazette (OG). The mark is published for a 30-day opposition period. Approximately 3 months to step 8.

Step 3b. USPTO issues letter (Office action): If issues are found, an Office action is issued. The applicant must address these issues. Applications are not suspended for missing foreign registration unless extraordinary circumstances exist. Within 6 months to step 4a or step 4b.

Step 4a. Applicant timely responds: The applicant must respond to avoid abandonment. If the response is insufficient, a "final" Office action is issued. The applicant can respond or appeal. Within 1 to 2 months to step 5a or step 5b.

Step 4b. Applicant does not respond and application abandons: If no response within 6 months, the application is abandoned. To revive, a petition must be filed within 2 months of abandonment.

Step 5a. USPTO publishes mark: If issues are resolved, the mark is approved for publication in the OG. The mark is published for a 30-day opposition period. Approximately 3 months to step 8.

Step 5b. USPTO issues final letter (Office action): If issues remain, a "Final" refusal is issued. The applicant can respond or appeal. Within 6 months to step 6a or step 6b.

Step 6a. Applicant timely responds / Files appeal: The applicant must respond or appeal to avoid abandonment. If unresolved, the application is abandoned unless appealed. Approximately 1 to 2 months to step 7a or step 7b.

Step 6b. Applicant does not respond and application abandons: If no response within 6 months, the application is abandoned. To revive, a petition must be filed within 2 months of abandonment.

Step 7a. USPTO publishes mark: If issues are resolved, the mark is approved for publication in the OG. The mark is published for a 30-day opposition period. Approximately 3 months to step 8.

Step 7b. Applicant's appeal sent to TTAB: If issues remain and an appeal is filed, it is forwarded to the TTAB.

Step 8. Mark registers: If no opposition, the USPTO issues a registration. If opposition is unsuccessful, registration is issued. Maintenance documents are required to keep the registration active. Between 5 to 6 years to step 9 or every 10 years to step 10.

Step 9. Owner Files Section 8 declaration: Within 6 years of registration, a Declaration of Use or Excusable Nonuse must be filed to avoid cancellation.

Step 10. Owner files Section 8 declaration and Section 9 renewal: Every 10 years, a Combined Declaration and Renewal must be filed to avoid cancellation or expiration.