Filing Strategy: TEAS & Classes
The application lays the foundation. In the US, you generally verify use (Section 1(a)) or intent to use (Section 1(b)). Choosing the right class of goods and services is critical. Too narrow, and you limit protection. Too broad, and you invite refusal or opposition.
TEAS Plus vs. Standard: Using pre-approved ID Manual descriptions (TEAS Plus) lowers fees and reduces the risk of initial vagueness refusals.
The Examination Phase
About 3-6 months after filing, an Examining Attorney reviews the application. They check for conflicting marks and procedural compliance.
This "Prosecution" phase often involves negotiating with the Examiner. A skilled attorney knows how to argue against a likelihood of confusion or amend a description to bypass a citation without gutting the scope of protection.
Publication for Opposition
Once the Examiner is satisfied, the mark is published in the Official Gazette. This begins a 30-day window where third parties can oppose the registration.
Monitoring this date is crucial. If no opposition is filed, the mark proceeds to registration (or Notice of Allowance for ITU apps).
Registration & Maintenance
Registration is not the end; it's the start of maintenance. Section 8 declarations are due between years 5 and 6, and renewals every 10 years.
Missing these maintenance deadlines results in cancellation. This is where automated docketing becomes essential.
Going Global: Madrid Protocol
For brands expanding beyond borders, the Madrid Protocol offers a centralized way to file in over 120 countries using a single application.
However, "centralized filing" does not mean "centralized prosecution." Each country will examine the mark under its own local laws, often requiring local counsel if a refusal is issued.