108 Status Inquiries
108.01 Internet Information
The Trademark Status and Document Retrieval (TSDR) database on the USPTO website at http://tsdr.uspto.gov/ provides detailed information about the status and prosecution history of trademark applications and registrations. The TSDR database is available 24 hours a day, 7 days a week.
The TSDR database is normally updated shortly after our internal databases are updated. However, the TSDR database may not reflect changes in ownership that have been recorded in the Assignment Recordation Branch. There are circumstances in which the Trademark database will be updated automatically upon the recordation of a change of ownership. See TMEP §504. In all other cases, the new owner must separately notify the Trademark Operation in writing of the recordation of a document, and request that the Trademark database be updated manually. See TMEP §§503.01(a), 504.01, and 505-505.02.
Information about documents recorded with the Assignment Recordation Branch can be viewed though Assignments on the Web (AOTW) at http://assignments.uspto.gov.
See also TMEP §109.01 regarding public access to electronic images of the contents of trademark application and registration and Board proceeding records.
108.02 Personal Telephone Assistance
If additional information regarding the status of an application or registration is required, callers may telephone TAC at (571) 272-9250 or (800) 786-9199 and request a status check. TAC also provides general information about the trademark registration process. Telephone assistance is available from 8:30 a.m. to 8:00 p.m., Eastern Time, Monday through Friday, except on Federal holidays within the District of Columbia. Walk-in service is available from 8:30 a.m. to 5:00 p.m. Eastern Time, Monday through Friday, except on Federal holidays within the District of Columbia.
The Trademark Assistance Center will gladly answer questions about the application process. However, USPTO employees cannot:
- conduct trademark searches for the public (see TMEP §104);
- comment on the validity of registered marks (see TMEP §1801);
- answer questions as to whether a particular mark or type of mark is eligible for registration;
- offer legal advice or opinions about common-law trademark rights, state registrations, or trademark infringement claims; or
- aid in the selection of a private trademark attorney or search firm (37 C.F.R. §2.11).
See TMEP Chapter 1800 regarding public inquiries about applications and registrations.
108.03 Due Diligence: Duty to Monitor Status
Trademark applicants and registrants should monitor the status of their applications or registrations in cases where a notice or action from the USPTO is expected. Inquiries regarding the status of pending matters should be made during the following time periods:
- (1) During the pendency of an application, an applicant should check the status of the application every six months between the filing date of the application and issuance of a registration; and
- (2) After filing an affidavit of use or excusable nonuse under §8 or §71 of the Trademark Act, or a renewal application under §9 of the Act, a registrant should check the status of the registration every six months until the registrant receives notice that the affidavit or renewal application has been accepted.
Should the status inquiry reveal that a document is lost, that no action has been taken regarding correspondence that was submitted, or that some other problem exists, the applicant or registrant must promptly request corrective action. 37 C.F.R. §2.146(i). Failure to act diligently and follow up with appropriate action may result in denial of the requested relief. The USPTO may deny petitions to reactivate abandoned applications and cancelled registrations when a party fails to inquire about the status of a pending matter within a reasonable time. See TMEP §§1705.05 and 1714.01(d).
Written status inquiries are discouraged, because they can delay processing. Whenever possible, status inquiries should be made through the Trademark Status and Document Retrieval (TSDR) database. If additional information regarding the status of an application or registration is required, callers may telephone TAC at (571) 272-9250 or (800) 786-9199.