Due Diligence: Duty to Monitor Application and Registration Status
Trademark applicants and registrants are expected to monitor the status of their applications or registrations to ensure that all documents sent to or received from the USPTO are timely acted upon. By using the resources available on the USPTO website, you can easily review what is happening to your trademark application or registration and not miss any important deadlines.
When Should I Check the Status?
During the Pendency of an Application
Check the status of your application at least every six months between the filing date of the application and issuance of a registration. We urge you to set up a reminder system.
Check the status of your registration at least every six months after filing any post- registration documents, including a Declaration of Use and/or Excusable Nonuse under Section 8 or Section 71 of the Trademark Act or a combined declaration of Use and/or Excusable Nonuse/ Application for Renewal under Section 9 of the Act until you receive notice that the USPTO has accepted your declaration or renewal application. The USPTO should take action on your filing within three weeks, so it is advisable to confirm that it has been received and assigned for processing within a month of filing.
Remember, the registrant is responsible for filing these post-registration documents when they become due. However, the USPTO will issue a courtesy e-mail reminder of upcoming maintenance filing deadlines to trademark owners/holders who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and your e-mail address is current, please use the Trademark Electronic Application System (“TEAS”) Change of Correspondence Address and Change of Owner’s Address Forms. You should also read more information on the filing deadlines and set up your own reminder system to file these documents and track their progress after filing.
For additional information about the courtesy e-mail reminders, including instructions on how to add the USPTO to your “safe senders list” to ensure receipt, please visit the USPTO website at http://www.uspto.gov/trademarks/notices/reminder_maintenance_filings.jsp. You should also read more information on the filing deadlines and set up your own reminder system to file these documents and track their progress after filing.
How Do I Check the Status of My Application or Registration?
Use the Trademark Search and Document Retrieval (TSDR) system to retrieve status information and to review all documents currently in the record for pending applications and registered trademarks. TSDR is available 24 hours a day, 7 days a week. Once on this page, simply enter your trademark serial number or registration number and then click either the "Status" or "Documents" button. When selecting "Status," you can expand the different headings for more information.
The information under the "Prosecution History" heading shows what has happened with your application or registration. The "Status" field will always be visible and should provide information about what is going on with your file.
Print a copy of the page you are viewing, date it, and keep a copy for your records, in case you ever must establish that you have been duly diligent in checking status.
What Do I Do if a Status Inquiry Shows that Something is Wrong?
If the status inquiry reveals that a filing is lost, that no action has been taken regarding correspondence that was submitted, or that some other problem exists, e-mail the Trademark Assistance Center ("TAC") at TrademarkAssistanceCenter@uspto.gov to request assistance with resolving your problem.
If unable to use TSDR to retrieve online status information, you may telephone TAC at (571) 272-9250 or (800) 786-9199 and request a status check. TAC is open from 8:30 a.m. to 8:00 p.m. Eastern Time, Monday through Friday, except on holidays. You can also send a status inquiry letter to the Office or contact your examining attorney by phone. Additional trademark contact information is also available.
Why Must I Do Something?
Failure to act diligently and follow up with appropriate action may result in denial of any later requested relief. The USPTO may deny petitions to reactivate abandoned applications or cancelled registrations if the applicant or registrant has not been duly diligent and fails to inquire about the status of a pending matter within a reasonable time.
How Do I Order Copies of My Application or Registration File Records?
To order a certified copy of a Trademark or related information, access the USPTO Products Services homepage to locate your product. You can order your trademark product through the Order Entry Management System (OEMS). Of course, you can always download the same information through TSDR.