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To register a trademark, an application for registration must be filed with the U.S. Patent and Trademark Office (“USPTO”). When an application is filed and the filing fees paid, at that time, the USPTO assigns a unique number to the application. This is the trademark’s “serial number.” If you need legal assistance with a trademark registration, call us here Revision Legal at 231-714-0100 or 855-473-8474. Here is some additional information about trademark serial numbers, where to find them and how they are used.
The USPTO generates trademark serial numbers automatically (and by use of a computer program) when an application is filed. As with many things, when the initial application is filed — the transaction completed — the applicant receives a confirmation. This confirmation is called their USPTO Filing Receipt. The trademark serial number is — for the first time — printed on this USPTO Filing Receipt.
It should be noted that, sometimes, USPTO officials and/or instructions will use the term “application number.” The terms should be seen as interchangeable.
A trademark serial number is an eight-digit number that is broken into parts. At the beginning, there are two numbers, then a slash and then six digits with a common in the standard location for a six digit number. Example: 90/500,123. Note that the first two digits do NOT relate to the year in which the application was filed or anything of that matter. Rather, the USPTO uses the first two numbers for THEIR purposes and is called the “series code.” For example, a “70/” prefix means the application is a very old application and a “79/” prefix means the trademark application was filed pursuant to an international treaty called the Madrid Protocols. Note that the USPTO uses the same method of assigning application numbers to patent applications. In the same manner, two-digit series codes are assigned to patents so that a “29/” prefix would identify a patent application as one for a design patent.
As noted, a trademark serial number can be found on the original Filing Receipt. The serial number will also be found at the top of ALL correspondence that comes from the USPTO with respect to an application. Essentially, the serial number is a tracking number. Every paper related to the application will have the trademark serial number. Importantly, this means that EVERY document that the applicant creates and sends to the USPTO should contain the relevant trademark serial number. The trademark serial number will also appear on public documents like the Notice of Publication.
Aside from allowing the USPTO to track a trademark application, a trademark serial number has one very important use for the applicant — the trademark serial number is basically a “username” needed for logging on to the USPTO’s online computer systems. These systems allow an applicant to check the status of an application, monitor progress and make changes to an application (if required).
Contact the Trademark Attorneys at Revision Legal For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
Once a serial number is assigned, it becomes the primary identifier for all USPTO examination activity on the application. Every communication from the USPTO — office actions, notices of publication, letters of suspension, final refusals, and notices of allowance — is keyed to the serial number. Applicants can track the real-time status of any pending trademark application using the USPTO’s Trademark Status and Document Retrieval (TSDR) system at tsdr.uspto.gov by entering the serial number.
Third parties also use serial numbers to monitor trademark applications. Companies routinely monitor the USPTO database for newly published marks that might conflict with their existing registrations. Once a mark is published for opposition in the Official Gazette, any party who believes they would be damaged by the registration has 30 days to file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). The serial number is how the TTAB and the parties track the proceeding from that point forward.
A common source of confusion is the distinction between a trademark’s serial number and its registration number. These are different identifiers that exist at different stages of the application process:
When a trademark reaches registration, both numbers are associated with the mark in the USPTO database. The registration number — a seven-digit number without a series code — appears on the Certificate of Registration and is used when asserting registered trademark rights in commerce and in litigation. For a pending application, only the serial number exists.
Beyond tracking your own applications, trademark serial numbers are valuable for competitive intelligence and brand monitoring. You can use the TSDR system to:
If you need to register a trademark, verify a trademark’s status, or evaluate a competitor’s trademark portfolio, the trademark attorneys at Revision Legal can help. Call us at 231-714-0100 or 855-473-8474 for a consultation.
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