HOW LONG DOES IT TAKE TO REGISTER MY TRADEMARK?

HOW LONG DOES IT TAKE TO REGISTER MY TRADEMARK?

Every client wants to know how long it will take to get their trademark registered. I always answer “it depends.”  There are many factors that would affect the length of time it takes to receive your trademark such as, whether you are already using the trademark or whether you intend to use the trademark, the strength of your trademark and whether there are any oppositions to the registration of your trademark. In general, if approved, it takes between 12-18 months to receive the final trademark registration. This timeline is true whether you are a (i) US business filing a trademark application, (ii) foreign company filing based on a foreign trademark application, (iii) company that owns a foreign registration of the same trademark for the same goods and/or services from your country, or (iv) company that is basing its filing under the Madrid Protocol. Although it is a relatively long process, your trademark registration will give you federal protection as of the filing date of your trademark application. Considering the expense of setting up and running a business, the application for federal registration of the trademark should be one of the business owner’s top priorities as it will exclude others from using a brand that is similar and/or causes confusion to the public in identifying your brand. 

General Timeline:

Once we have conducted the proper search, conducted an analysis of the strength of the trademark, and prepared and submitted your trademark application, the United States Patent and Trademark Office (USPTO) will assign a trademark examining attorney to review the application.  The examining attorney will review the application for completeness, including the drawing and any specimens and will conduct its own search for conflicting trademarks.  

If the trademark examining attorney finds that there is a reason that the trademark should not be registered then the trademark attorney will issue an “Office Action” stating the reason for refusal. The applicant then has 6 months from the date that the Office Action was issued to address the objections made by the USPTO’s trademark attorney. 

If the trademark examining attorney does not raise any objections, or if the applicant overcomes all objections, then the trademark examining attorney will approve the trademark for publication in the “Official Gazette” which is a weekly publication of the USPTO.  Any party who believes it may be damaged by the registration of the trademark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. This phase of the application may take about 3-4 months. Thereafter, if there are no objections the USPTO will register the mark and send the certificate of registration.

Applications based on Intent to Use the trademark:

If the application is made based on the owner’s intent to use the trademark, the Trademark Office will issue a notice of allowance within 2-3 months after the date the mark was published. The applicant then will have 6-12 months to file a statement of use. Thus, filing an application based on intent to use will extend the issuance of the final registration by 6-12 months based on the applicants submission of the proper specimens showing use in commerce to the USPTO. 

If you are ready to file your trademark and would like the assistance of experienced trademark attorneys to guide you through this process please fill out the Trademark Application Services Order Form or Contact us directly.