Understanding Trademark Status: How to Protect and Monitor Your Brand's Trademark

In this guide, we’ll cover what trademark status is, why it’s important, and how you can check and maintain your trademark status effectively.

What is Trademark Status?

Trademark status reflects the current state of a trademark’s application or registration. When you file a trademark, it goes through various stages before it’s officially registered. And even after registration, a trademark requires ongoing checks to ensure it remains active and protected. These statuses can vary depending on the country but typically include terms like “pending,” “approved,” “published,” “registered,” and “cancelled.” Each status carries unique implications for your application and the actions you may need to take.

Common Trademark Statuses

1. Pending: The application is under review by the trademark office, such as the United States Patent and Trademark Office (USPTO) or other national trademark offices.


2. Published for Opposition: If your trademark passes the initial review, it will be published, allowing the public or other companies to oppose it if they believe it conflicts with their existing rights.


3. Approved/Registered: This status indicates that the trademark has been approved or fully registered, giving you exclusive rights to its use in your specific category of goods or services.


4. Refused: If the trademark application has been denied due to conflicts with other marks or technical issues, it will be labeled as “refused.” In many cases, you may appeal or modify the application to address the refusal reasons.


5. Cancelled or Expired: These statuses indicate that a registered trademark is no longer protected. This may happen if a trademark was not renewed in time or if it was challenged and canceled.


6. Abandoned: This indicates that the application was abandoned either due to inactivity or failure to respond to required actions.

Why Trademark Status Matters

1. Track Your Application’s Progress: Applying for a trademark can take several months to over a year. Monitoring your trademark status helps you stay informed about your application’s current state, ensuring that any required steps are completed promptly.


2. Protect Against Infringement: A registered trademark provides legal protection, but only if it is actively monitored. By staying updated on its status, you can promptly address any opposition or disputes that arise.


3. Meet Renewal Deadlines: Trademarks require periodic renewals, typically every 10 years. By checking your trademark status, you can ensure you don’t miss important renewal deadlines, preventing your trademark from being canceled or expiring.


4. Avoid Legal Issues: If your trademark status shows any issues—such as conflicts with other trademarks—you can address them proactively to avoid infringement cases or costly rebranding down the line.


5. Global Considerations: For businesses operating internationally, checking the trademark status in each country where the trademark is registered is crucial. This helps ensure that your brand is protected across all relevant markets.

How to Check Your Trademark Status

Most trademark offices offer online tools for checking trademark status, allowing you to track your application’s progress and get real-time updates. Here’s a guide on how to do it in the U.S. and globally:

1. USPTO’s TSDR Tool: In the U.S., you can check the trademark status through the Trademark Status and Document Retrieval (TSDR) system on the USPTO website. Simply enter your application or registration number to view details about your trademark’s current status and any required actions.


2. WIPO Global Brand Database: For international trademarks, the World Intellectual Property Organization (WIPO) offers the Global Brand Database. This tool allows you to check the status of your trademark in multiple countries, giving you a global view of your brand’s protection status.


3. European Union Intellectual Property Office (EUIPO): For businesses operating in the EU, the EUIPO’s online database offers similar status-checking tools, providing an overview of your trademark’s condition in EU member states.


4. Other National Trademark Databases: Many countries have their own national trademark databases, which can be accessed online to check the status of a trademark in that jurisdiction.

Tips for Managing Your Trademark Status

1. Set Reminders for Renewal: Since trademarks require periodic renewal, setting reminders ensures that you don’t miss any deadlines. This can prevent the “expired” or “cancelled” status, which means losing protection.


2. Monitor for Opposition or Infringement: During the opposition phase, be prepared to respond to any objections. Regularly checking your status helps you stay alert to potential conflicts.


3. Consider a Trademark Watch Service: Many companies offer trademark watch services that notify you of changes in your trademark status, new filings similar to yours, and potential infringement. This added layer of monitoring is especially useful for international brands.


4. Consult with a Trademark Attorney: If you see any unexpected changes in your trademark status, consult with a trademark attorney. They can guide you through the process of resolving issues, whether it involves appealing a refusal, addressing opposition, or managing renewals.

Conclusion

Monitoring your trademark status is a crucial part of managing and protecting your brand. By keeping an eye on your status, you can stay informed about any changes, address potential issues quickly, and ensure your brand’s identity remains secure. Whether your trademark is pending, published, registered, or due for renewal, regular checks are essential to maintain its legal protections. In today’s competitive market, trademark protection goes beyond registration—it’s about vigilance, renewal, and proactive management to keep your brand safe and distinctive.