A trademark protects your mark from a third party’s unauthorized use, subsequently allowing your products and services to stand out in the marketplace. However, such protection is not granted automatically, but rather, must be earned through a trademark application approved by the United States Patent and Trademark Office (USPTO). And so, you may be at a stalemate, so to speak, with how to move forward with your mark. Well, in this case, please continue reading to learn your options if your trademark application gets rejected and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help you take this initiative.
How do I find out that my trademark application was denied?
Of note, after submitting your trademark application, you may track its updates by using the Trademark Status and Document Retrieval (TSDR) system available on the USPTO’s website. When inserting your serial or registration number, a rejection or denial of your application may reflect on its status record.
But more officially, you may expect to receive an office action from the USPTO, via mail or e-mail. This office action may state that your trademark application was rejected, along with listing the specific reasons why. Usually, this may be because you made an error filling out the information within the application itself. Or, you petitioned for a mark identical to or too similar to one already registered, or it is otherwise too descriptive and generic.
What action should I take if my trademark application gets rejected?
Also, within the USPTO’s office action, they may disclose your opportunity to respond with a request for reconsideration. With this, you may submit your response through the USPTO’s Trademark Electronic Application System (TEAS) or via fax or mail. Importantly, you may only have two to three months from the date you received the office action to do so.
Before crafting your response, you should carefully reflect on the issues the USPTO pointed out in their initial rejection letter. For example, if you made an error within your initial trademark application, you should make the right corrections in your response. This may be as simple as offering a clearer description of the specific products and services that use your mark. Hopefully, this is relatively straightforward for you to correct.
Or, if the issue was that your mark was too descriptive instead of distinctive, you may supplement your response with evidence that it is distinguishable enough to qualify for trademark protection. This may be done through copies of your advertising or promotional materials showcasing your exclusive use of the mark for a substantial period. Then, customer reviews and testimonials establish recognition of your mark in association with your products and services. Ultimately, your argument here is that your mark has acquired distinctiveness.
We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm today.