How to read a USPTO record
The words you’ll see on a USPTO record, in plain English. This is general education about the public USPTO process, not advice about any mark.
The words on the docket
- Serial number
- The eight-digit number the USPTO assigns to an application when it is filed. It is the identity of the record on TSDR and in Archecura. Registrations also get a registration number; the serial never changes.
- TSDR
- Trademark Status and Document Retrieval, the USPTO's public system for the status and history of a mark. Archecura reads the status view by serial number and keeps the raw page next to the parsed record.
- §1(a) and §1(b)
- The filing basis. §1(a) means the mark is already used in commerce; §1(b) means intent to use. A §1(b) application must file an allegation of use before it registers, and cannot be assigned before that without voiding it.
- Office action
- A letter from the examining attorney refusing or requiring something. The response is due three months from the issue date; one three-month extension can be requested before the deadline, for a fee. No response means abandonment.
- Publication and opposition
- An approved application is published in the Official Gazette. Third parties have thirty days to oppose or ask for more time, up to 180 days in total. The window closing is a docket event; an instituted opposition is a proceeding before the TTAB.
- Notice of allowance and statement of use
- For §1(b) applications, the notice of allowance opens a six-month period to file a statement of use showing the mark in commerce. Up to five six-month extensions, each with a fee; 36 months in all.
- §8 declaration
- Between the fifth and sixth year after registration, the owner declares the mark is still in use (or excusable nonuse) for the registered goods and services. Six-month grace period with a surcharge. Missing it cancels the registration.
- §15 declaration
- After five consecutive years of use, a Principal Register registration can be declared incontestable. It is not a deadline; it is usually filed with the §8.
- §9 renewal
- Between the ninth and tenth year, and every ten years after, the registration is renewed with a combined §8 and §9 filing. Six-month grace period. Missing it expires the registration.
- Statutory and effective date
- The statutory date is the one the rule sets. If it falls on a Saturday, Sunday, or federal holiday in Washington, DC, the filing is timely on the next business day (37 CFR 2.196); that is the effective date. Archecura shows both and reminds off the statutory one.
- Specimen
- Evidence of the mark in use in commerce for a class: a label, a product page, a storefront. Required with a §1(a) application, a statement of use, and each §8 declaration. Archecura records the URL, the capture time, and what it shows, per class.
- Quality control (licensing)
- A licensor must control the nature and quality of the goods or services sold under its mark. A license with no control can be treated as a naked license and lead to loss of rights. Archecura keeps a review calendar per license.
Archecura is a software tool for organizing trademark records and deadlines. It is not a law firm and does not provide legal advice, representation, or filing services. Information here is drawn from public USPTO records and general educational material; it may be incomplete or out of date. Consult a licensed attorney before acting on it.
Where the facts come from
Archecura reads public records and applies published rules. The sources are open to anyone.
- TSDR
Status and prosecution history by serial or registration number.
- 37 CFR Part 2
Rules of practice in trademark cases, including response periods and 2.196 on weekends and holidays.
- USPTO fee schedule
Current trademark fees. Every fee on the docket says verify at filing.
- TMEP
Trademark Manual of Examining Procedure, the examining attorneys' own manual.
See it on a real record
The product page walks through the register, the docket, and the evidence with the record of an actual application.
See the product