Trademark Suspended - what can I do about it?

Trademark applications can be suspended for various reasons, leading to delays in the registration process. Understanding why suspensions happen and how they can be navigated is crucial for applicants.

Reasons for Suspension

Conflicts with Prior Applications: If there's a potentially conflicting trademark application filed before yours, the USPTO might suspend your application to see how the earlier application proceeds. If the prior application is registered or abandoned, it will affect the outcome of your suspension.
Similarity with Registered Marks: If there's a likelihood of confusion with a registered mark, especially if that registration is within its grace period for renewal, your application might be suspended to await the outcome of the renewal process.
Foreign Registration: For applications based on foreign registrations, the USPTO may suspend the process until the foreign trademark is registered and a copy of the registration is submitted to the USPTO.

How to Avoid Suspension

Conducting comprehensive searches before filing can identify potential conflicts with existing trademarks or applications.
Choosing a distinctive mark can reduce the likelihood of confusion and, consequently, suspension.
Consulting with a trademark attorney to respond to the suspension can provide valuable insights and strategies, potentially avoiding common pitfalls that lead to suspension.

Handling a Suspension

Response: Although not required, responding to a Letter of Suspension, especially if the circumstances that led to the suspension have changed, can help move the application forward. For instance, if the conflicting application has been resolved or the foreign registration has been obtained, notifying the USPTO can lift the suspension. Arguing against the cited application can avoid that mark and have the suspension removed.
Strategic Waiting: Sometimes, the best action is strategic patience, especially if the suspension is due to a prior pending application or a registration in its grace period. Monitoring these situations closely can inform the best time to act. We can check the status of your application for free.

Impact on Timeline

Suspensions can significantly delay the trademark registration process, sometimes for a few months to several years, depending on the complexity and nature of the issue that led to the suspension.

Once a suspension is lifted, the application process resumes. Keeping a close eye on the developments that led to the suspension and maintaining communication with the USPTO can minimize these delays.

For detailed insights and assistance, it's advisable to consult directly with a trademark attorney who can guide you through the specific challenges of your case and help strategize the best path forward through suspension or to avoid it altogether (US Trademark Attorney Morris Turek) (Kevin Haynie, Trademark Attorney).

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