Every case is different, but a good rule of thumb is to budget for a year at the very least. This will ensure that your application is granted and that you receive the trademark protection benefits.
The answer to the question of how long does it take to register a trademark demonstrates why you should get started right away. Every case is different, based on a variety of factors such as whether you file “in use” or “intent to use,” whether you face any oppositions, whether the US Patent & Trademark Office needs to issue any Office Actions, and so on. Let’s look at some of the steps that make up that period.
But first, a quick reminder about the necessity of starting the process — how to file your trademark application. You are entitled to protection retroactive to the date of filing, regardless of when your trademark is approved – when the process ends. If any issues emerge during or after your trademark application period, this is a vital aspect of demonstrating the priority of usage.
The Procedure for Filing a Trademark
So, let’s have a look at what that application period entails. The official “application period” runs from the date of filing to the date of approval, but keep in mind that you’ve already invested time and resources in developing your product, coming up with a name and possibly a logo, and most likely exploring and implementing distribution and promotion for your goods or services. You’ll probably do some research on your own once you’ve decided to register a trademark, but you’ll want to consult with a trademark attorney who has the experience and powerful, comprehensive search tools to conduct a professional trademark search to ensure that the mark you choose has a good chance of approval by the USPTO.
When you and your attorney are certain that your trademark does not clash with any other marks already in use, the real work begins. You’ll file a trademark application with the government, which will be placed in a queue for consideration by an examining attorney. The standard procedure is for your application to take three to four months to reach an attorney because there are so many applications and only so many examiners to handle them.
The application will subsequently be thoroughly reviewed by the examining attorney. They’ll look for a few things, including application accuracy, comprehensive, precise information, and, most importantly, any conflict with an existing mark. Your trademark lawyer will always do his utmost to ensure that there are no potential conflicts before applying, but the odds of a conflict are increased if you rely solely on, say, a general search engine or the USPTO’s baseline tools. You’ll be given an Office Action to respond to if a possible conflict emerges – more on these later.
Your trademark will subsequently proceed to the publication stage if there are no issues with existing marks. This is a technique of publicly notifying your pending mark and inviting any objections – from trademark holders and non-trademark holders alike. New trademarks are published weekly and are open to objection for 30 days – although your mark will most likely take a month or two to travel from the examiner to the publishing stage. We’re nearing the nine- to ten-month mark from the date of filing, barring any Office Actions.
If your trademark survives the 30-day open dispute process, it is effectively approved; all that remains is for the USPTO to make it official. The USPTO is a busy agency, therefore your trademark certificate of registration will most likely be issued two to three months following publication. If you do the math, 12 months is just in the middle of the range for each of these time frames taken together — feasible, but not assured.
Possible Delays in the Processing of Your Trademark Application
During that analysis, a couple of possible speed bumps surfaced; let’s take a look at how they can affect your trademark registration timeline. First, there are Office Actions. An Office Action is a request for clarification, a needed correction (such as changing a product or service from one classification to another), or a potential conflict or overlap with an existing mark from the USPTO.
You’ll have six months to reply to an Office Action before your application is either approved or denied. Depending on the authenticity and legitimacy of any claim, disputes during publication may also delay the approval of your trademark. Furthermore, if you submitted your mark as “intent to use,” you won’t be approved until you file a follow-up application demonstrating the use of your mark in commerce. If you’re filing on an “intent” basis, you have a year to complete this — add that to the overall time to approval.
Obligations after obtaining a trademark registration
Also, keep in mind that once your mark is accepted, the procedure isn’t finished. You’ll be in charge of policing any unauthorized use of the mark — consider it as a 24-hour job, because trademarks that are used too frequently by third parties or become generic are vulnerable to cancellation. Other ant dates to remember: your first renewal is due in the fifth year of registration (that is, after five years but before the sixth year begins), your second renewal is due in the ninth year of registration, and future renewals are due every tenth year thereafter. Remember those deadlines – it’s your responsibility to adhere and the USPTO will not send reminders that you need to file a renewal.