After the USPTO determines that you’ve met the minimum filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney. This may take a number of months. The examining attorney reviews the application to determine whether it complies with all applicable rules and statutes and includes all required fees.

A complete review includes a search for conflicting marks and an examination of the written application, the drawing, and any specimen.

If the examining attorney decides that a mark should not be registered, the examining attorney will issue a letter (office action) explaining any substantive reasons for refusal and any technical or procedural deficiencies in the application.

The examining attorney may also contact you by telephone if only minor corrections are required. If a correction or modification can be done by phone, that’s how the examiners prefer to handle it. I have always found trademark examiners to be most helpful and professional. Unlike many bureaucrats, they tend to favor less paper.

You must respond to any objections within six months of the mailing date of the letter or the application will be abandoned. If your response does not overcome all objections, the examining attorney will issue a final refusal. You may then appeal to the Trademark Trial and Appeal Board, an administrative tribunal within the USPTO.

A common ground for refusal is likelihood of confusion between your mark and a registered mark. Marks that are merely descriptive in relation to your goods or services, or a feature of the goods or services, may also be refused. Marks consisting of geographic terms or surnames may also be refused. Marks may be refused for other reasons as well.