What is the timeline for applying for a trademark under Section 1b Intent to Use in the USA?

Step 1. Application filed: The application is given a serial number, which should be used in all communications with the USPTO. This step takes about 3 months.

Step 2. USPTO reviews application: If the basic requirements are met, an examining attorney reviews the application to see if it can be registered under federal law. Filing fees are non-refundable, even if registration is denied. This step takes about 1 month.

Step 3a. USPTO publishes mark: If there are no issues, the mark is approved for publication in the Official Gazette (OG), a weekly online publication. The mark is published for a 30-day opposition period, during which objections can be filed. This step takes about 3 months.

Step 3b. USPTO issues letter (Office action): If there are issues, a letter is sent detailing them. The applicant has 6 months to respond. This step takes about 6 months.

Step 4a. Applicant timely responds: The applicant must address all issues in the Office action to avoid abandonment. The response is reviewed, and this step takes about 1 to 2 months.

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

Step 5a. USPTO publishes mark: If the response resolves all issues, the mark is approved for publication in the OG. This step takes about 3 months.

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

Step 6a. Applicant timely responds and/or files appeal: The applicant must address all issues in the final refusal letter or file an appeal to avoid abandonment. This step takes about 1 to 2 months.

Step 6b. Applicant does not respond and application abandons: If no response or appeal is filed within 6 months, the application is abandoned. A petition to revive must be filed within 2 months.

Step 7a. USPTO publishes mark: If the response resolves all issues, the mark is approved for publication in the OG. This step takes about 3 months.

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

Step 8. Notice of Allowance (NOA) is issued: A NOA is issued within 3 months after publication in the OG. The applicant must file a Statement of Use (SOU) or an extension request within 6 months to avoid abandonment.

Step 9a. Applicant files extension request: If the mark is not in use, an extension request must be filed every 6 months, up to 5 times, to avoid abandonment.

Step 9b. Applicant timely files Statement of Use (SOU): If the mark is in use, an SOU must be filed within 6 months to avoid abandonment. This step takes about 1 month.

Step 9c. Applicant does not timely file SOU or extension request: application abandons: If no SOU or extension request is filed within 6 months, the application is abandoned. A petition to revive must be filed within 2 months.

Step 10. Applicant timely files SOU after requesting extensions: If the mark is in use, an SOU must be filed within 6 months of the last extension to avoid abandonment.

Step 11. USPTO reviews SOU: The SOU is reviewed to determine if registration is permitted. This step takes about 1 month.

Step 12a. SOU is approved and mark registers: If no issues are found, the SOU is approved and registration is issued within 2 months. Maintenance documents must be filed between 5 to 6 years and every 10 years.

Step 12b. USPTO issues letter (Office action): If issues remain, a letter is issued. If resolved, registration is issued within 2 months. If not, the application is abandoned.

Step 13. Registration owner files Section 8 declaration: A Declaration of Use or Excusable Nonuse must be filed before the end of the sixth year to avoid cancellation.

Step 14. Registration owner files Section 8 declaration / Section 9 renewal: A Combined Declaration of Use or Excusable Nonuse/Application for Renewal must be filed every 10 years to avoid cancellation or expiration.