In this blog, we will dive into what trademark status means, why it’s important, and how to check and understand it to secure your brand.

What is Trademark Status?

Trademark status refers to the legal standing of a trademark application or registration. It tells you whether a trademark is in the process of being registered, whether it has been approved, or if there are issues that need to be addressed. In short, trademark status helps you understand the current state of your trademark and whether it is officially protected under intellectual property law.

A trademark’s status provides valuable information, such as whether it is still in the approval process, whether it has been abandoned, or if it has expired. Understanding the trademark status is vital for ensuring that your mark remains exclusive and legally protected.

Common Trademark Statuses

When you file a trademark application, you will receive updates about the trademark status from the relevant trademark office, like the United States Patent and Trademark Office (USPTO). Below are some of the common trademark statuses you might encounter:

1. Registered
   When a trademark has been fully processed and approved, it will be marked as “Registered.” This means the trademark is officially recognized and granted exclusive rights by the trademark office. With a registered trademark, you gain protection against others using a similar mark in the same industry or field.


2. Pending
   If a trademark application is still under review, it will be marked as “Pending.” This means that the trademark office has received your application, but it hasn’t yet been approved or denied. The application may be undergoing a thorough examination to ensure that it doesn’t conflict with other existing trademarks or fail to meet other legal requirements.


3. Abandoned
   An “Abandoned” trademark status indicates that the trademark application was discontinued or abandoned. This can occur for various reasons, such as the applicant failing to respond to office actions or failing to complete required paperwork. If a trademark has been abandoned, it may still be available for someone else to register, but the applicant has lost their claim to it.


4. Expired
   A trademark that is no longer valid because the registration term has ended will be marked as “Expired.” Most trademarks are registered for a period of 10 years, after which the trademark holder must file for renewal. If the holder fails to do so, the trademark is considered expired, and the exclusive rights to use the mark are no longer in effect.


5. Opposed
   If a third party challenges the registration of a trademark application during the examination process, the status may show as “Opposed.” This indicates that a formal opposition has been filed, and the trademark office is reviewing the challenge to determine whether the trademark can be registered.


6. Cancelled
   A “Cancelled” trademark status means that a previously registered trademark has been removed from the trademark registry. This could happen for various reasons, such as the trademark owner failing to renew it or the mark being invalidated by a legal proceeding. In such cases, the trademark holder no longer has exclusive rights to the mark.

Why Checking Trademark Status is Important

1. Ensures Legal Protection
   One of the primary reasons to monitor trademark status is to ensure that your trademark is legally protected. If your trademark is still in the “Pending” status, it means it hasn’t yet been granted protection. If you are using the trademark in commerce, it is important to check the status frequently to ensure the application progresses smoothly.


2. Helps Avoid Legal Issues
   Knowing the trademark status can help you avoid inadvertently infringing on someone else's rights. If you are considering using a trademark that is “Pending,” you should be cautious and wait for a final decision before using it in commerce. If you find that the trademark is already “Registered,” it’s important to either choose another mark or negotiate with the owner to secure permission for use.


3. Indicates Any Issues or Delays
   By checking the trademark status, you can stay informed of any delays or complications in the registration process. If there are issues with your application, such as office actions or objections from other parties, the status will provide alerts. This allows you to respond promptly and address any issues to keep your application on track.


4. Helps With Renewals and Maintenance
   If your trademark is registered, it’s essential to keep an eye on its status to ensure timely renewals. Trademarks are registered for a set period (usually 10 years), and failure to renew a trademark will result in an expired status. Regularly checking the status will help you stay on top of renewal deadlines and prevent your trademark from lapsing.

How to Check Your Trademark Status

1. USPTO Trademark Status Page
   If you're in the U.S., the USPTO’s Trademark Status and Document Retrieval (TSDR) system allows you to check the status of your trademark application or registration. You can enter your trademark number or the business name to find out the current status and view important documents related to your application.


2. Other National and International Databases
   If you’re outside the U.S., most countries have their own trademark databases where you can check the status of registered trademarks. Additionally, international trademark databases, such as the World Intellectual Property Organization (WIPO) Global Brand Database, allow you to search for trademarks in multiple countries.

Conclusion

Understanding your trademark status is a crucial step in safeguarding your brand. Whether your trademark is pending, registered, or abandoned, knowing its status helps you make informed decisions about protecting and using your intellectual property. By regularly checking your trademark’s status, you can stay ahead of potential legal challenges, ensure continuous protection for your brand, and avoid costly mistakes. Be proactive in managing your trademarks, and you’ll secure your brand’s place in the marketplace for years to come.