Trademark applicants and registrants should monitor the status of their applications or registrations in cases where a notice or action from the USPTO is expected. An applicant is one that is filing or applying for a trademark and a registrant is one that has been granted a registration. Inquiries regarding the status of pending matters should be made during the following time periods:
- During the pendency of an application, an applicant should check the status of the application every 3-4 months between the filing date of the application and issuance of a registration; and
- After filing an affidavit of use or excusable nonuse under §8 or §71 of the Trademark Act, or a renewal application under §9 of the Act, a registrant should check the status of the registration every 3-4 months until the registrant receives notice that the affidavit or renewal application has been accepted.
WARNING: Failure to respond timely to any Office action or notice may result in the abandonment of your application, requiring you to pay an additional fee to have your application revived even if you did not receive the Office action or notice (and, in some instances, revival is not even possible, if the request is not made within 2 months of the mailing date of the notice of abandonment). Failure to respond to a post-registration Office action will result in the cancellation of the U.S. registration and the invalidation of protection of the international registration by the USPTO. NOTE: The USPTO does not extend filing deadlines due to a failure to receive USPTO mail/e-mails.
Due Diligence: Duty to Monitor Status
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, the applicant or registrant must promptly request corrective action. 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 and cancelled registrations when a party fails to inquire about the status of a pending matter within a reasonable time.
Trademark Status and Document Retrieval (TSDR)
Use TSDR to retrieve status information and overall prosecution histories for pending and registered trademarks simply by entering a valid trademark serial number or registration number and clicking the "Status" button. TSDR is available 24 hours a day, 7 days a week. Please keep a copy of the TSDR status screen.
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).
To order Trademark data in bulk form, access the Sales Order Management System (SOMS).
Telephone Status Check
If unable to use TSDR to retrieve online status information, you may telephone the Trademark Assistance Center (“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. Written status inquiries are discouraged because they can delay processing.