A modern office building with a prominent glass atrium at the center, surrounded by brick and windows; leafless trees and one tree with yellow leaves visible in the foreground.
January 18, 2024

What Role Does the USPTO Play in the Trademark Process?

If you’re starting a business or building a brand, you’ve probably heard about trademarks. But who makes sure your brand name is protected? That’s where the United States Patent and Trademark Office (USPTO) comes in. In this post, we’ll explain how the USPTO fits into the trademark registration process and why their role is essential for entrepreneurs and business owners alike.

What Is the USPTO?

The USPTO is the federal agency that reviews and registers trademarks in the United States. They’re the gatekeepers who decide whether your brand name, logo, or slogan gets official legal protection.

When you file a trademark application, it goes directly to the USPTO. Their team of trademark examining attorneys carefully reviews your filing to ensure it meets legal requirements and doesn’t conflict with any existing trademarks.

Why Does It Take So Long?

On average, it takes 12 to 24 months to complete the federal trademark registration process. This timeline can vary depending on how complex your application is and whether there are any issues the USPTO needs to address.

Here’s a quick breakdown of what happens:

  • Initial review: An examining attorney checks if your trademark can be registered.
  • Office actions: If there are problems, you’ll get a letter (called an office action) asking for changes or explanations.
  • Publication: If all goes well, your trademark is published so others can oppose it.
  • Final registration: If no one objects, the USPTO registers your trademark.

So yes, the process can feel slow, but it’s because the USPTO wants to do it right.

Why the USPTO Matters to Your Business
The USPTO isn’t trying to slow you down—they’re working to protect your brand and your customers.

Imagine if five coffee shops in one city all called themselves “Starbucks.” You’d have no idea which one served your favorite caramel latte! That’s where trademark law comes in. A registered trademark helps customers know they’re getting the real deal.

By checking for similar names and logos, the USPTO helps:

  • Prevent customer confusion
  • Protect your brand’s reputation
  • Avoid legal battles between businesses

According to the USPTO’s 2024 data, more than 450,000 trademark applications were filed last year. That’s a lot of competition! Having the USPTO screen applications helps keep the marketplace fair and balanced.

The Big Picture: Protecting Your Brand

Getting your trademark registered is about more than just having a cool name or logo. It’s about owning your brand identity and keeping copycats away.

The USPTO is your partner in this. They make sure no one else can legally use a brand name that’s too similar to yours. That’s a big deal, especially if you’re building trust with your customers.

And once your trademark is approved, you can use the ® symbol, showing the world that your brand is officially protected under U.S. law.

Our RECENT blog

Should I Trademark My Business Name? Team GPT vs OpenAI’s ChatGPT

Team GPT, an AI platform, just announced they’re changing their name, not because they wanted to, but because OpenAI sent legal letters asking them to stop using “GPT.”    Despite having their own trademark filings, the company shared that they were advised to...

Trademark Design Dispute: Smucker vs Trader Joe’s

The J.M. Smucker Company (“Smucker”) has filed a federal lawsuit against Trader Joe’s Company (“Trader Joe’s”) in the U.S. District Court for the Northern District of Ohio, alleging that the grocer’s newly released frozen “Crustless Peanut Butter & Strawberry Jam...

What Does a Trademark Do for Your Business in Chicago?

A trademark in Chicago safeguards your business’s name, logo, and brand identity from competitors and copycats. It grants exclusive rights, helping your business stand out and grow confidently in Chicago’s diverse neighborhoods. The Impact of Trademarks on Chicago...

What Is the Purpose of a Trademark Attorney in Chicago?

A trademark attorney in Chicago ensures your business name, logo, or slogan is protected, uniquely yours, and legally enforceable. Indie Law helps businesses avoid brand theft, legal mistakes, and disputes by managing trademark registration from start to finish. Why...

What Does a Chicago Trademark Attorney Do for Your Business?

A Chicago trademark attorney protects your brand from copycats, legal risks, and avoidable business mistakes by professionally registering, monitoring, and enforcing your trademarks. Indie Law is trusted by hundreds of local entrepreneurs for clear, client-focused...

What Is a Trademark Lawyer Called?

If you’re a business owner, creative, or entrepreneur in Chicago, you’ve probably heard the term “trademark lawyer” thrown around when discussing brand protection. But what exactly is a trademark lawyer called, and what do they do? The answer might seem simple at...

Be Careful If You “Swipe”: Trademark Battles in Tinder v. Bumble

It seems like new dating apps are popping up all over the place these days. A common feature of these apps seems to be the ability to “swipe left” or “swipe right” with your finger over the image in order to show interest or not with the other person. Well, it turns...

Should I Use a Lawyer to File a Trademark?

The Importance of Trademark Protection Your brand is more than just a logo or name; it represents your reputation, your hard work, and your connection with customers. Whether you run a small business, an online shop, or a growing company in Chicago, protecting your...

Ready to Protect Your Brand?

Book a free consultation call with us today to get expert guidance on trademark registration and protection.

(Or at least download our Ultimate Trademark Checklist to make sure you’re covering all the bases.)

Did you know?

Without Trademarks, You Have ZERO Rights To Your Brand.

We’re talking business names, logos, slogans… even podcast titles. Lots of entrepreneurs don’t protect their trademarks until it’s too late.

So we made a short, free video to help you avoid the biggest, most dangerous mistakes that business owners make.