USPTO

The United States Patent and Trademark Office is the federal agency that examines and registers trademarks (and patents). Every trademark application is reviewed by an examining attorney for distinctiveness, conflicts with prior registered marks, and proper specimen of use, registration is not automatic.

A federal registration gives the owner nationwide priority, presumed validity, statutory damages for infringement, and the right to use the ® symbol. Without it, rights are limited to common-law marks in the actual geographic market of use, often a single state or city.

Most applications reach registration in eight to fourteen months, assuming no office actions or oppositions. We file through TEAS Plus or TEAS Standard, track the application throughout examination, and respond to office actions within the deadline. California-based brands can apply from anywhere in the country, the USPTO is federal.