Trademarks Data at a glance

First action pendency measures the average number of months from the date of application filing to the examining attorney's first office action. The target for the current fiscal year is 8.4 months from filing. The examining attorney conducts a review of the application to determine whether federal law permits registration. The first office action provides an early indication of the issues that need to be addressed in order for the examining attorney to approve the application for publication in the Official Gazette or an indication that the application will be refused registration on legal or procedural grounds.

Total pendency measures the average number of months from date of filing to notice of abandonment, notice of allowance, or registration for applications based on use in that month excluding applications that were previously suspended or were involved in inter partes proceedings at the Trademark Trial and Appeal Board. The target for the current fiscal year is 14.4 months or less, on average.

Total pendency including suspended and inter partes proceedings measures the average number of months from date of filing to notice of abandonment, notice of allowance, or registration for applications based on use in that month.

The target for the current fiscal year, including applications that were previously suspended or were involved in inter partes proceedings at the Trademark Trial and Appeal Board, is 15.4 months, on average.

Statement of Use (SOU) pendency measures the average number of days for initial processing of an SOU from date of filing. The target for the current fiscal year is 15 business days. Examination is performed following acceptance of the SOU to determine registrability. The estimated time to registration is approximately 3.5 months from filing the SOU.

Post registration pendency measures the average number of days to assign a renewal of registration from date of filing. The target for the current fiscal year is 90 days.

First action quality is measured through an evaluation of all issues involved in making a first action substantive decision on the registrability of a mark. Evaluations are conducted on a random sample of applications to review the quality of decision making of the examiner's first office action. The results of an examiner's first action are reviewed for the quality of the substantive basis for decision-making, search strategy, evidence, and writing. The target for the current fiscal year is 95.5% for the percentage of error-free decisions.

Final Action Quality is measured through an evaluation of all issues involved in making a final action substantive decision on the registrability of a mark. Evaluations are conducted on a random sample of applications to review the quality of decision making of the examiner's final action - an approval for the registration or a final refusal. The results of an examiner's final office action are reviewed for the quality of the substantive basis for decision-making, search strategy, evidence, and writing. The target for the current fiscal year is 97% for the percentage of error-free decisions.

Total filings is the sum of application classes filed for the registration of a trademark for the fiscal year to date.

TEAS Plus: Initial application for the registration of a trademark as filed electronically using the Trademark Electronic Application System (TEAS) Plus forms; $250 per class.

TEAS Standard: Initial application for the registration of a trademark as filed electronically using the TEAS Standard forms and filing requirements; $350 per class.

Madrid: Initial application for the registration of a trademark as filed electronically using the Madrid Protocol filing requirements; $500 per class.

First action and total pendency by method of filing is reported for the most recent quarter.

Pendency of an application is significantly reduced in cases where an examining attorney approves the application without issuing an office action (“first action approval”). Applicants who wish to reduce the time for approval of a mark for registration should consider the method of filing in order to meet their time needs. For example, more TEAS Plus applications receive first action approval than any other type of filing. Filing via TEAS Plus enhances the likelihood that an application will proceed to registration as quickly as possible.

This is the total number of applications including all classes filed on a fiscal year basis.

In a given class, the filing "basis" count may not equal the filing "method or type" count because a single class can have multiple filing bases.

This illustrates the total number of applications including all classes filed for the registration of a trademark by fiscal year and quarter.

The measure reports the filing basis as a percent of newly filed applications. Applications are filed based on current use in commerce (section 1(a) use based) or an intention to use the mark (section 1(b) intent to use) or on a foreign application or registration (section 44 under the Paris Convention or 66(a) of the Madrid Protocol).

The number of marks registered and actively maintained in use on the federal register by basis of ownership: domestic, foreign or by request for protection under the Madrid Protocol. The aggregate number may be slightly different than the total number of marks registered due to registrations with more than one owner of record.

Fiscal Year New Registrations are the number of marks based on total classes that are registered by fiscal year.

New Registrations are the number of marks based on total classes that are registered in total or by filing basis: domestic, foreign or request for extension of protection under the Madrid Protocol.

The total number of pending application classes prior to the first office action or awaiting examination.

The total number of new application classes prior to the first office action awaiting examination.