Trademark Status Codes (TM5): Plain-English Guide to USPTO Updates

You check your trademark application on USPTO.gov and see "Status Code 630." Then you visit TSDR (Trademark Status and Document Retrieval) and see "LIVE/APPLICATION/Awaiting Examination." Your trademark attorney mentions your application is "pending." Three different ways to say the same thing—but which one actually matters?

If you've ever felt confused by the alphabet soup of trademark status codes, you're not alone. The good news? There's a global standard designed to cut through this confusion, and by the end of this article, you'll understand exactly what your trademark status means, no matter which system you're looking at.

What Is TM5 and Why Should You Care?

In 2016, something remarkable happened in the trademark world. The five largest trademark offices on the planet—handling over 60% of all trademark applications worldwide—came together to solve a universal problem: status confusion.

These five offices, known collectively as TM5, include:

• USPTO (United States Patent and Trademark Office)
• EUIPO (European Union Intellectual Property Office)
• JPO (Japan Patent Office)
• KIPO (Korean Intellectual Property Office)
• CNIPA (China National Intellectual Property Administration)

Together, they created the Common Status Descriptors (CSD) system—15 standardized ways to describe any trademark's status, anywhere in the world. Think of it as a universal translator for trademark statuses.

The genius of the TM5 system lies in its simplicity. Every status falls into one of three buckets:

• 🟢 LIVE - Your trademark is active and moving forward
• 🔴 DEAD - Your trademark application or registration has ended
• ⚫ OTHER - Rare situations that don't fit elsewhere

This visual system works at a glance. Green means go, red means stop, and you instantly know whether your trademark needs attention.

The Complete Guide to All 15 TM5 Status Descriptors

Let's walk through each of the 15 TM5 statuses, what they mean for your trademark, and what action (if any) you should take.

🟢 LIVE APPLICATION STATUSES (5)

1. LIVE/APPLICATION/Awaiting Examination

What it means: Your application passed the initial filing requirements and is waiting in line for an examiner.

Real example: Sarah filed her logo trademark for her coffee shop in March. Her status shows "Awaiting Examination." This is completely normal—her application joined the queue with thousands of others.

Timeline: Currently 3-4 months wait time (check USPTO dashboard for current delays)

Action needed: None. This is the "hurry up and wait" phase. Use this time to ensure you're actually using your mark in commerce if you filed intent-to-use.

2. LIVE/APPLICATION/Under Examination

What it means: Good news! An examiner is actively reviewing your application.

Real example: John's software trademark moved to "Under Examination" in June. Within 6 weeks, he received an Office Action asking him to disclaim the descriptive words in his mark.

Timeline: 1-3 months for initial examiner response

Action needed: Monitor your email closely. If you receive an Office Action, you typically have 3 months to respond. Missing this deadline kills your application.

3. LIVE/APPLICATION/Appeal of Refusal Pending

What it means: The examiner issued a final refusal, but you're fighting it through the appeal process at the Trademark Trial and Appeal Board (TTAB).

Real example: A fashion brand's application was refused for likelihood of confusion. They filed an appeal arguing the marks target completely different markets. The appeal is pending.

Timeline: 12-18 months for TTAB decision

Action needed: Work closely with your attorney. Appeals require legal arguments and have strict deadlines. This is not DIY territory.

4. LIVE/APPLICATION/Published for Opposition

What it means: Congratulations! Your mark passed examination and is published in the Official Gazette. Anyone who believes they'd be damaged by your registration has 30 days to oppose.

Real example: Maria's restaurant name was published on Tuesday. For the next 30 days, any competitor who thinks her mark is too similar to theirs can file an opposition.

Timeline: 30-day opposition period (extensions possible)

Action needed: Monitor for oppositions. If no one opposes, you'll automatically move toward registration. Consider searching for similar marks that might oppose you.

5. LIVE/APPLICATION/Opposition Pending

What it means: Someone filed an opposition to your trademark during the publication period. Your application is now in a mini-trial at the TTAB.

Real example: A major retailer opposed a small boutique's trademark claiming confusion. The opposition proceeding will determine if the boutique gets their registration.

Timeline: 18-24 months typical (can be longer)

Action needed: Get an attorney immediately if you don't have one. Opposition proceedings are complex legal proceedings with discovery, depositions, and trial briefs.

🟢 LIVE REGISTRATION STATUSES (4)

6. LIVE/REGISTRATION/Published for Opposition

What it means: Your trademark is registered, but in some countries, registered marks can still be opposed. (Note: Not used by USPTO)

Timeline: Varies by country

Action needed: If you see this status in foreign applications, check that country's specific rules about post-registration opposition.

7. LIVE/REGISTRATION/Opposition Pending

What it means: Your registered trademark faces an opposition or cancellation proceeding. (Note: Rarely used by USPTO, which handles these differently)

Timeline: Varies by jurisdiction

Action needed: Consult with local counsel in the relevant country.

8. LIVE/REGISTRATION/Issued and Active

What it means: 🎉 Your trademark is officially registered and protected! This is the goal.

Real example: After 18 months, TechStartup's mark finally shows "Issued and Active." They can now use the ® symbol and have nationwide priority.

Timeline: Protection continues as long as you maintain the registration

Action needed: Calendar these critical deadlines:

• Year 5-6: File Section 8 Declaration of Use
• Year 9-10: File Section 8 & Section 9 Renewal
• Every 10 years after: Repeat renewal process

9. LIVE/REGISTRATION/Cancellation/Invalidation Pending

What it means: Someone is trying to cancel your registered trademark through a TTAB proceeding.

Real example: A competitor claims a registered mark has been abandoned due to three years of non-use. The cancellation proceeding will determine if the registration survives.

Timeline: 18-24 months typical

Action needed: Defend your registration with an attorney. You'll need to prove continued use and respond to all TTAB deadlines.

🔴 DEAD APPLICATION STATUSES (2)

10. DEAD/APPLICATION/Refused/Dismissed or Invalidated

What it means: The USPTO refused your application, or it was dismissed for failure to respond. This is final.

Real example: A clothing brand's application showed "Refused" after they failed to respond to an Office Action requiring disclaimer of generic terms. After 6 months, it's too late to revive.

Common reasons:

• Likelihood of confusion with existing mark
• Merely descriptive without secondary meaning
• Generic terms
• Failure to respond to Office Action

Action needed: Review the refusal reason. If the issues are fixable, you can file a new application. If refused for likelihood of confusion, you might need to rebrand.

11. DEAD/APPLICATION/Withdrawn/Abandoned

What it means: The applicant voluntarily withdrew or abandoned the application.

Real example: A startup pivoted their business model and abandoned their original trademark application to file for their new brand name instead.

Common reasons:

• Business strategy change
• Voluntary withdrawal after opposition threat
• Express abandonment to avoid refusal

Action needed: If you abandoned by mistake, check if you're within the revival window (usually 2 months). Otherwise, file a new application if you still need protection.

🔴 DEAD REGISTRATION STATUSES (3)

12. DEAD/REGISTRATION/Cancelled/Invalidated

What it means: Your registration was cancelled, either by the USPTO, through a TTAB proceeding, or by court order.

Real example: A restaurant chain's registration was cancelled after they failed to file their Section 8 declaration proving continued use. The mark is now dead.

Common reasons:

• Failure to file Section 8 maintenance documents
• Successful cancellation proceeding
• Court-ordered cancellation

Action needed: Understand why cancellation occurred. If for non-use or missed deadline, you might be able to re-file if you're still using the mark. If cancelled for legal reasons, consult an attorney.

13. DEAD/REGISTRATION/Surrendered

What it means: The owner voluntarily surrendered (gave up) their registration.

Real example: During a trademark dispute settlement, one party agreed to surrender their registration as part of the agreement.

Reasons:

• Settlement agreements
• Business closure
• Strategic abandonment

Action needed: If you surrendered by mistake, it's usually irreversible. Consider filing a new application if you need protection.

14. DEAD/REGISTRATION/Expired

What it means: Registration expired because renewal deadline was missed.

Real example: A 10-year-old trademark registration expired when the company forgot to file their second renewal. They lost a decade of priority.

Critical deadlines missed:

• Year 5-6: Section 8 Declaration
• Year 9-10: Section 8 & 9 Renewal
• Every 10 years thereafter

Action needed: Check if you're within the 6-month grace period (with additional fees). If not, you'll need to file a new application and start over.

⚫ OTHER STATUS (1)

15. OTHER

What it means: The status doesn't fit any of the 14 categories above. This is extremely rare.

When you might see it: Unusual procedural situations, system transitions, or country-specific procedures that don't map to standard categories.

Action needed: Contact the trademark office directly for clarification.

The Missing Link: USPTO Codes vs. TM5

Here's where things get interesting. The USPTO uses 169 different internal status codes (like 630, 700, 710), but TM5 only has 15 descriptors. How do these systems connect?

The surprising answer: There's no official mapping.

Neither the USPTO nor TM5 has published a translation table between these systems. This creates the exact confusion you've probably experienced—seeing different codes in different places with no clear way to understand how they relate.

Real-World Data: The 10 Most Common USPTO Codes Decoded

We analyzed all 13.7 million USPTO trademark records to identify which status codes you're most likely to encounter. These 10 codes alone represent 88% of all trademarks in the database.

Here's what we discovered:

Rank	USPTO Code	Common Name	How Many Trademarks	TM5 Equivalent	What This Means for You
1	700	Registered	2.1 million	LIVE/REGISTRATION/Issued and Active	Your trademark is fully protected. Set calendar reminders for year 5-6 and year 9-10 maintenance deadlines.
2	710	Cancelled	3.3 million	DEAD/REGISTRATION/Cancelled/Invalidated	Registration terminated. Review why it was cancelled—if for non-use, consider refiling if you're using the mark again.
3	602	Abandoned - Failure to Respond	2.3 million	DEAD/APPLICATION/Refused/Dismissed	Application died from missed Office Action deadline. If this just happened, check if you can revive within 2 months.
4	606	Abandoned - No Statement of Use	1.7 million	DEAD/APPLICATION/Refused/Dismissed	Intent-to-use application expired without proof of use. If you're now using the mark, file a new use-based application.
5	800	Registered and Renewed	853,000	LIVE/REGISTRATION/Issued and Active	Successfully renewed! Your mark is active and protected. Next renewal in 10 years.
6	626	Backfile - Cancelled/Expired	630,000	DEAD/REGISTRATION/Cancelled/Invalidated	Old registration that ended. Check if the mark is available for your use.
7	622	Misassigned Serial Number	418,000	DEAD/APPLICATION/Refused/Dismissed	Administrative error or duplicate filing. Usually not worth pursuing.
8	702	Section 8 & 15 Accepted	294,000	LIVE/REGISTRATION/Issued and Active	Your registration maintenance documents were accepted. Mark remains protected with incontestability benefits.
9	630	New Application	282,000	LIVE/APPLICATION/Awaiting Examination	Recently filed and waiting for examiner. Normal processing time is 3-4 months. Be patient!
10	900	Expired	261,000	DEAD/REGISTRATION/Expired	Missed renewal deadline. Check if you're within 6-month grace period (extra fees apply).

💡 Key Insight: Together, these 10 codes account for over 12 million trademark records. If you encounter any of these codes, you now know exactly what they mean and what action to take.

Which TM5 Codes Does the USPTO Actually Use?

While TM5 defines 15 status descriptors, the USPTO primarily uses 9 of them:

Commonly Used by USPTO:

• ✅ LIVE/APPLICATION/Awaiting Examination
• ✅ LIVE/APPLICATION/Under Examination
• ✅ LIVE/APPLICATION/Published for Opposition
• ✅ LIVE/APPLICATION/Opposition Pending
• ✅ LIVE/REGISTRATION/Issued and Active
• ✅ LIVE/REGISTRATION/Cancellation/Invalidation Pending
• ✅ DEAD/APPLICATION/Refused/Dismissed or Invalidated
• ✅ DEAD/REGISTRATION/Cancelled/Invalidated
• ✅ DEAD/REGISTRATION/Expired

Rarely or Never Used by USPTO:

• ⚠️ LIVE/APPLICATION/Appeal of Refusal Pending (USPTO tracks appeals with other examination codes)
• ❌ LIVE/REGISTRATION/Published for Opposition (not used in US system)
• ❌ LIVE/REGISTRATION/Opposition Pending (USPTO uses different codes for registered marks)
• ❌ DEAD/APPLICATION/Withdrawn/Abandoned (combined with "Refused/Dismissed or Invalidated")
• ❌ DEAD/REGISTRATION/Surrendered (combined with "Cancelled/Invalidated")
• ❌ OTHER (not mapped to any USPTO codes)

Why doesn't the USPTO use all 15? The USPTO's status system predates TM5 by decades. Some TM5 distinctions (like "Withdrawn" vs. "Refused") don't align with how the USPTO has traditionally categorized statuses.

Conclusion

You started this article confused by multiple status codes. Now you understand:

• All 15 TM5 descriptors and what each means
• Which 9 TM5 codes the USPTO actually uses
• What the 10 most common USPTO codes mean for your trademark

The next time you check your trademark status—whether it shows Code 630, "Awaiting Examination," or any other variation—you'll know exactly what it means and what to do next.

Remember: Green means your mark is alive and needs attention. Red means it's dead but might be revivable or refillable. Understanding trademark status shouldn't require a law degree—and now it doesn't.

FAQ

What is a TM5 status code?

A standardized status shared by TM5 offices, including USPTO, describing where your filing sits in examination.

Which TM5 status codes require action?

Office action codes, suspension notes, and publication/issue steps often require prompt responses.

How often should I check my trademark status?

After any USPTO email and at least monthly during examination to avoid missed deadlines.

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Before you file: run the free trademark search checklist to screen conflicts early.