Key takeaways
- Approval starts a 30-day publication window in which others can oppose.
- Intent-to-use applications receive a notice of allowance, not a registration.
- You must prove use in commerce with an acceptable specimen.
- Registration must be maintained at years 5-6, 9-10, and every ten years after.
Publication for opposition
If the examining attorney approves a use-based application, the USPTO publishes the mark in the Official Gazette for a 30-day opposition period. Any party who believes it would be damaged by your registration may file an opposition or request an extension of time to oppose. Most applications sail through this window unchallenged, but you should monitor the status because a missed opposition notice can derail the registration.
No response is needed if no one opposes
You do not have to take action during publication. If no opposition is filed, the application moves to the next stage automatically. If an opposition is filed, you need an attorney to answer the complaint and defend the application.
Notice of allowance for intent-to-use applications
Intent-to-use applications cannot register until the mark is actually used in commerce. Instead of a registration certificate, approved intent-to-use applications receive a Notice of Allowance. This notice starts a six-month clock to file a Statement of Use, showing the USPTO that the mark is now in use on the goods or services claimed.
- You must file the Statement of Use within six months of the notice date.
- A specimen of use must show the mark as consumers see it in the sale of the claimed goods or services.
- If you are not yet using the mark, you can request up to five six-month extensions, but each extension has a government fee and must state ongoing intent to use.
- Missing the final deadline abandons the application and the filing fees are lost.
Statement of use and the specimen
The Statement of Use tells the USPTO that the mark is now in commerce. It must include the date of first use anywhere, the date of first use in commerce, and a specimen proving use for each class claimed.
Good specimens
Product labels, tags, or packaging attached to the goods; screenshots of a website showing the mark near a price and purchase button; app store pages with the mark and download option.
Weak specimens
Business cards, letterhead, advertising mockups, or website banners that do not show the mark used as a source identifier for the specific goods or services claimed.
If the specimen is rejected, the USPTO issues an office action with a deadline to replace it. This is one of the most common reasons an otherwise-approved application stalls after allowance.
Registration certificate and what changes
Once the opposition period passes and any Statement of Use is accepted, the USPTO issues a registration certificate. The mark is now registered on the Principal Register, and you may use the federal registration symbol ® with the goods or services listed in the registration.
- Your registration gives you nationwide constructive priority as of the application filing date, with some exceptions.
- You can record the registration with U.S. Customs to block imports of counterfeit goods.
- You can use the registration as a basis for foreign filings under the Paris Convention within six months.
- The registration itself is not a business license; it protects the mark, not the underlying product or service.
Post-registration maintenance deadlines
A federal trademark registration lasts forever in theory, but only if you keep it alive. The USPTO requires two maintenance filings in the first ten years, and a renewal every ten years after that.
| Deadline | Filing | Purpose |
|---|---|---|
| Between years 5 and 6 | Section 8 Declaration of Use | Prove the mark is still in use in commerce. |
| Between years 5 and 6 | Section 15 Declaration of Incontestability | Optional. Strengthens the mark against certain challenges. |
| Every 10 years | Section 9 Renewal + Section 8 Use | Renew the registration and prove continued use. |
Set calendar reminders now
The USPTO does not remind you of maintenance deadlines until it is too late. Missing a deadline cancels the registration permanently. We track these dates for our clients and file the required declarations before the windows open.
Frequently asked questions
- How long after approval does a trademark actually register?
- A use-based application typically registers within 2–3 months after publication if no opposition is filed. An intent-to-use application registers only after a timely Statement of Use is accepted, which can add months or years depending on when the mark enters commerce.
- What is the difference between approval and registration?
- Approval means the examining attorney has found no bars to registration. Registration happens after the opposition period expires and any required Statement of Use is accepted. You may only use the ® symbol after registration.
- What happens if I miss the Statement of Use deadline?
- The application is declared abandoned. You would have to start over with a new application and new filing fees, losing the original filing date.