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What stages will my trademark application go through?

Written by Jan Buza

Co-founder of Trama

A trademark application typically passes through the following stages:

1. Examination - the IP office assesses whether the trademark meets formal requirements and the distinctiveness criterion. If no issues are raised, it goes straight to publication, but if the examiner identifies issues, an office action is issued. Common issues include the mark being descriptive of its goods and services or conflicting with a previously registered mark. The applicant then has a set window to respond, and if the response is accepted, the application proceeds to the next step.

2. Publication - once the application passes examination, it is published for a set opposition period (typically one to three months depending on the jurisdiction). Third parties who believe the mark conflicts with their earlier rights can file an opposition during this window.

3. Registration - if no opposition is filed, or if any opposition is resolved in the applicant's favor, the trademark is registered and a certificate is issued.

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