On average, it take four to five days after a trademark application is filed for it to show up in the two USPTO databases.
One of the most exciting moments for trademark owners after filing a trademark application is to view it in Trademark Electronic Search System (TESS) and the Trademark Status and Document Retrieval system (TSDR) system for the first time. Conversely, the feeling of dread in the pit of a trademark owner’s stomach when he or she does not see their newly filed application in TESS or TSDR can lead to stress and anxiety. What are some possible reasons the application is not showing in the USPTO online trademark databases?
Example of the documents that can be download via TSDR when a trademark application is first uploaded into the system.
Time Until Trademark Application is Uploaded into USPTO Databases
The most likely explanation for not seeing a trademark application in TESS or TSDR is not enough time has passed for the United States Patent and Trademark Office (USPTO) to process the application and upload the data into it trademark databases. In general, it takes three to five days for the USPTO to process and upload the trademark information into the two USPTO databases.
Although it normally takes between three to five days for an application to appear in TESS and TSDR, in rare circumstances it can take up to a month for an application to be filed into the two databases. If an application does not appear in a couple of weeks, it may be worthwhile to reach out to the USPTO. The best address to email is TM_SCANNING@uspto.gov, which is the USPTO email address responsible for answering inquires about documents that are not uploaded into TSDR.
The Application was not Successfully Filed
One common issue that leads to applications not being uploaded into TESS or TSDR is that it was not successfully filed. When a trademark is not filed, it is most likely because the person filing the application did not pay for the application.
Before an application is accepted by the USPTO, a signatory for the company that owns the trademark must pay the USPTO trademark filing fee. This is the last step of the online trademark filing process, even after the trademark application has been signed by the trademark owner or a representative of the company that owns the trademark.
A trademark applicant, or their trademark attorney will know they completed the application process when a screen on their internet browser pops up and shows the USPTO Serial Number assigned to their trademark application and they receive a confirmation email from the USPTO with the same text and USPTO Serial Number.
Example of USPTO confirmation a trademark application is filed from TEAS@USPTO.gov
Do you have any questions regarding whether or not your trademark application was properly filed or why your application is not showing up in the two USPTO databases? Feel free to contact us and we will do our best to help you find the answer.