What is the USPTO



What is the USPTO? And what do they do?

Posted by on Mar 26, 2016 in Uncategorized | 0 comments

What is the USPTO? And what do they do?

The USPTO is an acronym for United States Patent and Trademark Office. This office is solely responsible for reviewing all trademark and patent applications that are filed in the United States. This body is a unique agency which is not funded by the government; rather it receives its funds from the fees charged for registration of patents and trademarks.

  •  Administering the laws which relate to patents and trademarks.
  • Advising the president of the US, the Secretary of Commerce, and the administration of patent, copyright and trademark protection.
  • Advising on the trade-related areas of intellectual property.

What the USPTO will not do for applicants

The USPTO will review trademark applications which are slated for federal registration and determine whether the applicant meets the requirements a federal registration. The USPTO office does not decide whether an applicant has the right to use a particular mark.

The employees in USPTO can answer questions and enquiries relating to the application, but they cannot do the following;

  • Conduct trademark searches for applicants or the general public: Applicants are encouraged to conduct searches for trademarks which they intend to register because the trademark office does not conduct trademark searches for any individual. An attorney will be able to search for any closely related mark to the one his client intends to register, and it can be revised to avoid an impending lawsuit. The trademark office may only conduct a search within its database as an overall examination process to determine the eligibility of a trademark to ensure that it is not similar or identical to another trademark.
  • Make comments on the validity of registered trademarks: before application, the USPTO will not make any comments on the validity of any registered trademark.


  • Take questions on the eligibility of registration of particular trademarks: the USPTO does not also entertain questions on the eligibility of any trademark before the application. It is the duty of the applicant to make all necessary enquiries before applying for the registration of a trademark.
  • Give legal advice on common-law trademark rights, trademark infringement claims or state registration: the USPTO cannot also give legal advice to any trademark or an infringement of a trademark. The trademark office does not also offer any advisory opinion concerning any trademark application. If you want to know more about ip law firm you should contact patent attorneys.
The attorneys in the USPTO office decide if the trademark should be registered during the reviewing process after they have conducted their search. The trademark office may then refuse the application for conflicting with other trademarks which are already in use. Once an application is rejected, the filing fees are not returned, and also the application is not a guarantee that the trademark will be registered.

Since the USPTO cannot meddle in matters before application such as a search for applicants, it is advisable that an applicant engages a lawyer who is experienced in trademark law and can conduct the required searches to avoid application rejection and loss of funds for filing the application.


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