How Long Does It Take To Register A Trademark

The federal trademark awarding and registration process isn't quick. Take a expect at the Trademark Timeline infographic beneath, and you'll run into that the full time from application filing to registration could vary—anywhere from 7 months to two years or more!

The United States Patent and Trademark Office (USPTO) processes all federal trademark applications, and according to the USPTO website:

"Information technology is difficult to predict exactly how long it volition take an application to mature into a registration, because there are so many factors that can bear on the process. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the ground for filing, and the legal issues which may arise in the examination of the awarding."

Later on you lot file your trademark application, yous're at the mercy of the USPTO. As you can see in the Trademark Timeline infographic included at the finish of this commodity, it could take up to three months for your application to exist reviewed after yous submit it. And that's just the beginning!

Office Activeness Delays

If the Examining Attorney finds bug with your application that would go along information technology from existence canonical, you lot'll receive an Office Action, which you need to respond to or your application will be considered abandoned. When you respond to an Office Activeness, the Examiner has to review your response and could make up one's mind that it wasn't satisfactory. That means you'll get a second or perchance final Role Activeness and the procedure repeats.

You lot also have the choice to respond to the 2nd Office Activity or file a Asking for Reconsideration of Last Action, which enables you to enter additional evidence supporting your position in the application record and then appeal the Examiner's refusal by submitting a Notice of Entreatment to the Trademark Trial and Entreatment Lath. At that betoken, your file is sent to the Trademark Trial and Appeal Board and formal litigation will begin, which tin can take months or years. Don't let anyone fool you—federal litigation is serious business organization!

Opposition Period

One time the Examiner determines at that place are no problems with your application, it goes to publication in the Official Gazette, the official journal of the USPTO, which gives third parties 30 days to oppose the registration of your marking. For example, another company might merits to have common law rights to the marker that give it priority over your utilise of the marker.

Any oppositions will delay the process. Furthermore, non simply can third parties file a Observe of Opposition, but they can file a Request for Extension of Fourth dimension to Oppose, which could make the process go beyond 30 days.

Registration

Even if no i opposes your mark during the opposition menstruum, it still takes two to iii months to receive a Certificate of Registration from the USPTO if your application was for a mark that is already being used in commerce. At this point, you tin use the federal trademark registration symbol.

If your mark was filed based on your intention to utilize it in commerce (significant you haven't used the mark in interstate commerce however), you'll receive a Discover of Allowance at this point in the procedure. You'll accept six months to file an acceptable Argument of Use or Request an Extension of Time to File a Statement of Utilise to receive an additional six months to put your mark in commercial use (y'all can file up to five extension requests, effectively extending the pendency of your awarding for 30 months). When the Statement of Employ is approved, your marking will finally register.

Renewals

One time your trademark is federally registered, the procedure isn't complete. You still need to follow some trademark renewal and maintenance steps.

Before the sixth year later on registration, you demand to file a Declaration of Connected Use showing that you're nevertheless using the mark in commerce as information technology was registered.

Finally, before the tenth year after registration, you need to file some other Announcement of Continued Utilize and an Application for Renewal. If you don't file these documents on time, your federal trademark registration volition be cancelled.

3 Ways to Speed upwards the Trademark Awarding and Registration Process

There are a few things you can do to speed up the trademark application and registration process:

Conduct a comprehensive trademark search before you lot complete and file your awarding to uncover as many possible conflicts every bit possible.
Make sure you lot apply to register a potent mark.
Avoid completing and filing your awarding yourself or using a cheap legal certificate service provider. Instead, get assistance from an intellectual property attorney who specializes in in this area of law and knows the electric current regulations. He or she can complete and file your application in the best way to ensure your marker gets the protection information technology needs and your application gets through the registration process with as few delays as possible.