After filing a federal trademark application, the USPTO creates a public record, assigns a serial number, and eventually sends the application to an examining attorney. The attorney reviews legal and procedural requirements. The application may receive an Office action, proceed to publication, register, or, for an intent-to-use filing, receive a Notice of Allowance.
Filing is the beginning of the federal review process. It does not mean the mark is registered or guarantee that registration will issue.
1. Save the filing receipt and serial number
The filing receipt identifies the application serial number, filing date, owner, mark, filing basis, and listed goods or services. Review it promptly for mistakes. Some information can be corrected, but material changes may be restricted and fees may apply.
Immediate check: Confirm the owner, correspondence email, mark, goods and services, classes, and filing basis. Save the submitted application and every uploaded specimen or attachment.
2. Monitor the public TSDR record
Use the USPTO’s Trademark Status and Document Retrieval system, commonly called TSDR, to view status and official documents. New documents may not appear immediately. Keep the correspondence address current and treat TSDR as the authoritative application record.
Current USPTO data, updated October 1, 2026, shows an average of 4.3 months from filing to the first examining action. That is an average rather than a promised date.
3. An examining attorney reviews the application
The examining attorney checks formal requirements and substantive registrability. The review can include ownership, the drawing, goods and services, filing basis, specimen, disclaimers, descriptiveness, and possible conflicts with earlier marks.
An earlier filing date can matter when competing applications conflict, but it does not cure an unavailable mark or defective application. A thorough clearance search before filing remains important.
4. The USPTO may issue an Office action
An Office action explains refusals or requirements and may be nonfinal or final. Some issues are procedural; others require legal argument, amendments, evidence, or may not be overcome. In most cases, the USPTO must receive a response within three months of the issue date. A paid three-month extension may be available if requested before the original deadline.
- Read the complete Office action in TSDR.
- Calendar the exact response deadline.
- Address every refusal and requirement.
- Check whether a proposed amendment would narrow valuable scope.
- Consider attorney help for substantive refusals or unclear response strategy.
Missing the deadline generally causes abandonment. A petition may sometimes revive an unintentionally abandoned application, but eligibility, deadlines, and fees apply.
5. An approved mark is published for opposition
If the examining attorney approves the application, the mark is published in the weekly Trademark Official Gazette. Publication starts a 30-day period in which a person who believes registration would harm them may oppose or request more time to oppose. Publication is an important milestone, but the mark has not registered yet.
6. The next step depends on the filing basis
- Use in commerce under Section 1(a): The application generally proceeds toward registration.
- Intent to use under Section 1(b): The USPTO issues a Notice of Allowance; the applicant must later submit an acceptable allegation of use.
- Certain foreign bases: The application follows the requirements applicable to that basis.
A Notice of Allowance is not a registration. An intent-to-use applicant generally has six months from its issue date to file a Statement of Use or a timely extension request. Review the intent-to-use guide and the use-in-commerce guide before submitting evidence.
7. Registration creates continuing obligations
After registration, the owner remains responsible for monitoring and enforcement. The USPTO does not police the marketplace for infringement. The owner must also file required maintenance documents and fees during the applicable windows to keep the registration active.
A practical post-filing checklist
- Save the receipt, serial number, application, specimens, and payment record.
- Review the public record for accuracy.
- Keep the correspondence email and owner information current.
- Check TSDR regularly and whenever a USPTO notice arrives.
- Calendar every response, publication, opposition, and intent-to-use deadline.
- Preserve evidence of continuing use and mark important maintenance windows after registration.
The safest next step is simple: open the TSDR record using the serial number, verify the application data, and create a deadline file. For the complete preparation sequence, see How to Trademark a Business Name.