What does Registration Certificate mean? This means the trademark has registered
with the USPTO and a certificate will be mailed to the correspondent on record.
What does ‘Notice of Acceptance of Statement of Use’ mean? This means the Statement
of Use has been approved for an Intent to Use application that has already been through
its Opposition Period with no opposition and the trademark should register in 4-6
What does ‘Publication & Issue Review Complete’ mean? This means the final review
prior to publication has been completed, application will be published in the Official
Gazette when it is registered (for an Intent to Use application that has already
gone through its opposition) or will be published for opposition (for a Use in Commerce
application that has not gone through its Opposition Period yet.
What does ‘TRAM Snapshot of App at Pub for Oppostn’ mean? This means the final review
prior to publication has been completed and the application will be published for
opposition. This document appears twice in an Intent to Use application even though
the second time it is not going to publish for opposition again, it is just going
to publish in the Official Gazette.
What does ‘ITU Unit Action’ mean? This means that the USPTO Intent to Use (ITU)
department is in the process of taking action on an Intent to Use Application. Actions
include approving or disapproving a Statement of Use (SOU) or Alleged Amendment of
Use (AAU) or approving or disapproving a request for an extension of time to submit
a specimen of use.
What does ‘Statement of Use’ mean? What does ‘Specimen’ mean? What is an ‘Allegation
A Statement of Use is one form of An Allegation of Use, a sworn statement signed
by the applicant or a person authorized to sign on behalf of the applicant attesting
to use of the mark in commerce. (Since most trademarks are now filed electronically,
this is usually an electronic signature.) With the Allegation of Use, the owner must
submit: a filing fee of $100 per class of goods/services; and one specimen. A specimen
is a sample of the use of the mark that acts as evidence that the mark has been properly
used in commerce for each class of goods/services. See SAMPLE AAU/SOU FORM. The actual
form for filing the allegation of use is available at http://www.uspto.gov/teas/index.html.
Note that the type of sample appropriate for submission is different for a trademark
(sales of goods) than it is for a service mark (sales of services). An Amendment
to Allege Use (AAU) is another type of Allegation of Use but differs in the time
period when it is submitted. See Additional Requirements For Intent to Use Application
for more information.
What is a ‘Notice of Allowance’ (NOA)? A written notification from the USPTO that
a specific mark has survived the opposition period following publication in the Official
Gazette, and has consequently been allowed for registration. It does not mean that
the mark has registered yet. Notices of allowance are only issued for applications
that have been filed based on "Intent to Use". The Notice of Allowance is important
because the issue date of the Notice of Allowance establishes the due date for filing
a Statement of Use (SOU). After receiving the Notice of Allowance, the applicant
must file a Statement of Use or a request for an extension of time to file a Statement
of Use within 6 months from the issue date of the Notice. If the applicant fails
to timely file a Statement of Use or a request for an extension of time to file a
Statement of Use, the application will go abandoned.
What does ‘Amendment and Mail Process Complete’ mean? This means that changes have
been made to the trademark record. These changes may have been made by the applicant
in a Response to Office Action (ROA) or Voluntary Amendment or may have been made
by the examiner in an Examiner’s Amendment or may have been made by the applicant
using some other form.
What does ‘Offc Action Outgoing’ mean? This document is usually a refusal to register
based on a problem with the application or a problem with the trademark itself. The
most common refusals are a LIKELIHOOD OF CONFUSION (conflicting mark) with a registered
or pending trademark. Other common refusals are for MERELY DESCRIPTIVE trademarks
or for goods and services identification problems. Occasionally, this is not a refusal
but an examiner’s amendment documenting changes that the examiner has made usually
as a result of an agreement with the attorney of record or applicant after a telephone
What does ‘XSearch Search Summary’ mean? This is a listing of the LIKELIHOOD OF CONFUSION
trademark search that the examiner did. The procedure like that trademark examiner’s
follow is found at Likelihood of Confusion Search. Applicant’s can avoid LIKELIHOOD
OF CONFUSION refusals by conducting similar trademark searches themselves and rejecting
trademarks that are confusingly similar to registrations and pending trademarks.
The problem with this is that CONFUSINGLY SIMILAR is a ‘term of art’ and is defined
by both statutes and case law and is not just a matter of eliminating identical potential
marks from consideration.
What does Publication & Issue Review Complete mean? This change in the record means
that the USPTO believes the trademark would be entitled to registration under the
current circumstances (assuming an acceptable AAU or SOU were filed for an intent-to-use
application and that no new issues were found). If the application is an intent-to-use
application, the examiner may re-examine an application when the Statement of Use
(SOU) is filed because there may be new issues involved with the specimen submitted,
new issues of likelihood of confusion with marks that registered during the lag time
or other issues.
What does ‘Response to Office Action’ mean? This means a response has been filed
by the applicant or applicant’s representative to an Offc Action Outgoing. A response
must fully respond to the examiner’s office action in order to be accepted or the
application may be issued a final refusal.
What does ‘TEAS Revoke Appointed Attorney’ mean? This means that an attorney has
been changed (not necessarily revoked). The same form is used to appoint or revoke
but the record always indicates Revoke in either situation.
What does ‘Notice of Pseudo Mark’ mean? The USPTO assign pseudo marks to some new
applications to assist in searching the USPTO database for conflicting marks. Pseudo
marks have no legal significance and will not appear on the registration certificate.
The pseudo-mark entries in the USPTO databases allow likelihood of confusion searches
for a particular word or term to automatically retrieve phonetic equivalents or pictorial
equivalents that have been appropriately pseudo-marked. A pseudo mark may be assigned
to marks that include words, numbers, compound words, symbols, or acronyms that can
have alternative spellings or meanings. Pseudo-marks provide an additional search
tool for locating marks that contain an intentionally-altered spelling of a normal
English word or that contain the literal equivalent to a pictorial representation
of the word in a design mark.
What does ‘Design Search Code Corr Project’ mean? The USPTO may assign design search
codes, as appropriate, to new applications and renewed registrations to assist in
searching the USPTO database for conflicting marks. They have no legal significance
and will not appear on the registration certificate. DESIGN SEARCH CODES are numerical
codes assigned to figurative, non-textual elements found in marks. For example,
if your mark contains the design of a flower, design search code 05.05 would be assigned
to your application. Design search codes are described on Internet Web page http://www.uspto.gov/tmdb/dscm/index.html.
What does ‘Notice of Abandonment’ mean? This means that the identified trademark
was abandoned in full usually because a response to the Office Action was not received
within the 6-month response period or a Statement of Use (SOU) was not filed within
the 6-month response period after a Notice of Allowance. If the delay in filing a
response or SOU was unintentional, you may file a petition to revive the application
with a fee. If the abandonment of this application was due to USPTO error, you may
file a request for reinstatement. Please note that a petition to revive or request
for reinstatement must be received within two months from the mailing date of the
notice of abandonment.
What does ‘Suspension Letter’ mean? A suspension letter suspends the action on an
application. An application may be suspended for a variety of reasons [such as a
likelihood of confusion with a pending application]. These include waiting for the
disposition of a cited prior pending application to be determined or waiting for
an assignment of ownership to be recorded. Applicants do not have to respond to suspension
What does ‘ITU Extension Approval’ mean? This means that another 6 months has been
approved in which to file a Statement of Use in an Intent to Use application. Applicant
must continue to file extension requests every 6 months calculated from the date
the Notice of Allowance was issued until a Statement of Use is filed. Please note
that a Statement of Use cannot be filed more than 36 months from the issuance date
of the Notice of Allowance.
What does ‘Request to Divide’ mean? An applicant can split an application into separate
parts containing different International Classifications in the event that one classification
has been held up by refusals or lack of a Statement of Use for all classifications
or other reasons. This allows the individual parts to be prosecuted separately. When
the applicant files a request to divide goods/services that are in use from goods/services
that are not yet in use, the USPTO puts the goods/services in use in the newly created
(child) application, and retains the goods/services not in use in the original (parent)
application. More child applications may later be created from the parent application.
What does ‘Notice of Publication’ or ‘Notice of Actual Publication’ mean? This is
a written statement from the USPTO notifying an applicant that its mark will be published
in the Official Gazette. If the examining attorney assigned to an application raises
no objections to registration, or if the applicant overcomes all objections, the
examining attorney will approve the mark for publication. The notice of publication
provides the date of publication. Any party who believes it may be damaged by registration
of the mark has thirty (30) days from the publication date to file either an opposition
to registration or a request to extend the time to oppose. If no opposition is filed
or if the opposition is unsuccessful, the application enters the next stage of the
registration process. A Certificate of Registration will issue for applications based
on use or on a foreign registration under §44, or a Notice of Allowance will issue
for intent-to-use applications.
What does "Notification of Notice of Publication" mean? This is a new addition to
TSDR. This email notification indicates the future date of publication (the date
of the beginning of the opposition period), and allow a user to go to TSDR to download
the notice. Then, on the actual date of publication, "Notice of Actual Publication"
will appear in the TSDR and will be emailed to the correspondent of record.
What does ‘Examiner's Amendment’ mean? This is a written confirmation of an amendment
made to a trademark application. The trademark examining attorney assigned to the
application will make the amendment after consultation with an applicant or the applicant’s
attorney. The examiner’s amendment is merely a written confirmation of the agreement
between the examining attorney and the applicant as to the amendment, and it is also
a notice that the amendment will be made. The applicant need not respond to the examiner’s
amendment unless the applicant wishes to make further changes to the application.
How do I ensure receipt of my emails coming from the USPTO? If you have installed
Anti-Spam filters or software on your email service, please ensure that legitimate
emails from TEAS@uspto.gov are not falsely identified as spam or junk. To help ensure
the receipt of emails sent from a USPTO address, please note that the USPTO cannot
deliver an email successfully if
1) the destination email address is not valid. Please check that the entered email
address does not contain any typographical errors.
2) the destination email address is relaying the email to a different address.
3) the USPTO cannot perform a "reverse DNS look-up" of the destination email address.
4) the destination email server is blocking any email address that ends with "uspto.gov"
as spam. NOTE: Email originating from "uspto.gov" may include attachments, so email
from the USPTO address with attachments should not be blocked.
About 30% of TEAS PLUS applications go straight to publication without an office
action so don’t be surprised if you are one of the 70% who receive a refusal of some
type. Call us at Not Just Patents® Legal Services. We can help. See Why Should I
Have A Trademark Attorney Answer My Office Action if you have already applied and
Call 1-651-500-7590 or email firstname.lastname@example.org or ContactTrademark.com for
Responses to Office Actions; File or Defend an Opposition or Cancellation; Patent
or Trademark Searches and Applications; Send or Respond to Cease and Desist Letters.
For more information from Not Just Patents, see our other sites:
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purposes only and is provided without warranties, express or implied, regarding the
information's accuracy, timeliness, or completeness and does not constitute legal
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Not Just Patents LLC and its client. Past performance is no guarantee of future results.