Are you aware of the responsibilities you have as an applicant or registrant? When it comes to tracking the status of your trademark matter with the USPTO, it is a must. Have you read 37 C.F.R. §2.23(d)? Probably not. And if you don’t find this articl exciting, you probably need to hire a trademark attorney to help you through the process because ultimately it is your responsibility to stay on top of the time frames and ensure that you have received all necessary notices and actions. If you have not received any communications, it is important that you promptly and regularly check the status of your matter.
It’s important to note that failure to act diligently and follow up with appropriate action may result in denial of your application. To help you stay on top of your trademark status, the USPTO provides the Trademark Status and Document Retrieval (TSDR) database, as well as telephone assistance and status checks with the TAC.
37 C.F.R. §2.23 is a section of the Code of Federal Regulations that pertains to the United States Patent and Trademark Office (USPTO). Specifically, it outlines the time frames and requirements for communication between the USPTO and applicants or registrants regarding the status of their trademark matter.
Subsection (d) of this regulation states that applicants and registrants are responsible for tracking the status of their trademark matter. It is your responsiblity to ensure that you have received all necessary notices and actions from the USPTO. The USPTO also provides various resources for applicants and registrants to check the status of their trademark matter, such as the Trademark Status and Document Retrieval (TSDR) database and telephone assistance from the TAC.
It’s recommended to consult TMEP (Trademark Manual of Examining Procedure) to get more information about the regulations and procedures related to trademark examination and registration.
For more information on the responsibilities of applicants and registrants, as well as options available if your application has been abandoned or your registration has been cancelled or expired, check out TMEP §1705.05.
