By Michael Kondoudis, Small Business Trademark Attorney
This is our complete guide to the Trademark Timeline. If you want to know the answer to the question “How long does it take to get a trademark?” this guide is for you.
In this guide, we’ll review:
How long it takes to get a trademark
The trademark registration process
What happens after a trademark application is filed
Ways an application can get delayed
Ways to speed up the trademark registration process
How a trademark attorney can speed up the trademark process
Let’s get started.
How Long Does It Take to Get a Trademark?
IT TAKES ABOUT 1 YEAR from start to finish to get a trademark, on average.
In general, you should budget about a year for the U.S. Patent and Trademark Office to approve your trademark.
After you submit your trademark application to the U.S. Patent and Trademark Office (USPTO), it will usually take between 4-6 months for an examiner to begin reviewing it. During that time, your application goes into a queue for the Examiner to review. There are a limited number of examiners, and the USPTO receives many applications every day. The result is a 4-6 month backlog. Then, after examination, your approved application is published for 30 days and then sent to the printer for the official Registration Certificate. The review and final trademark approval process takes time.
So, when someone asks, ‘how long does it take to get trademark?’ we answer that a helpful time estimate is around 12 months (although the process can certainly be longer or shorter).
Some Good News
The USPTO will give you retroactive protection from the date you filed your trademark application.
So, no matter how long it takes to get your trademark, once the USPTO grants your trademark, you will be entitled to retroactive protection going back to the date you submitted your trademark application.
How long does a trademark take?
A trademark takes between 12 to 18 months. A trademark usually takes between 12 to 18 months to get approved. Understand that the trademarking process is a Federal legal matter that can be complex, technical, and has several stages. Plus, you’re working with the Federal government, which is not known for moving quickly.
How long does it take to get a trademark approved?
There is no definitive answer to this question. The time it takes to get a trademark approved depends on a variety of factors, including:
• the complexity of your application,
• the quality of your application,
• how the USPTO examiner reviews your application,
• the number of office actions that may be required to resolve all issues, and
• whether you respond to the office actions quickly.
Still, a solid time estimate is between 12 to 18 months.
The Trademark Timeline
A typical trademark timeline is about 13 months. The trademark timeline is long because every trademark application is reviewed by the U.S. Patent and Trademark Office (USPTO) and the USPTO receives over 600,000 applications every year. The number of applications results in a trademark timeline of 13 months.
The answer to “how long does it take to get a trademark?” is directly related to the trademark timeline. When the trademark timeline grows, the time it takes to get a trademark increases.
The trademark timeline comprises several steps and phases. The trademark timeline can seem daunting, but understanding the timeline can help to make the trademarking process more manageable.
| STEP | TIMELINE |
|---|---|
| Application is Filed | 0 Months |
| USPTO Reviews Application | 6-8 Months |
| Responding to Examiner Rejection | 6 Months |
| Publication | 3 Months |
| Grant/Registration | 2-3 Months |
Trademark Process
The trademark process can take between 13-18 months, depending on the circumstances of an application. This trademark timeline is so long because it is, at its core, a federal legal proceeding that involves Federal Statutes and a Federal Agency.
The answer to “how long does it take to register a trademark?” depends on how long it takes to satisfy each step of the trademark process. to the trademark timeline. If an application gets stuck in any one step of the trademark process, the time it takes to get a trademark increases.
The USPTO’s trademark registration process can be complex and time-consuming. However, it is important to understand the timeline in order to avoid any potential legal problems.
The trademark process for every application includes the following six steps:
1. Trademark Search
2. Preparing and Filing Application
3. USPTO Review of the Application
4. Examination + Responding to the Examiner
5. Publication of the Application
6. Grant/Registration of the Approved Application
Step 1: Trademark Search
The trademark registration process begins with a pre-filing trademark search to find any confusingly similar trademarks. Similarity to another trademark is the most common ground of rejection and third-party opposition to an approved application. A search can help ensure that you do not file a trademark application with little or no hope of being approved by the USPTO because your mark is too close to someone else’s.
Step 2: Application is Filed
Presuming the trademark search is favorable, the next step of the trademark registration process is to prepare the trademark application. This is where the DIY application is at a significant disadvantage. There are many technical requirements and interrelated strategic decisions that need to be considered. Mistakes in this step can slow down your application, increase the cost of the process, and even result in outright rejection of your application.
The USPTO encourages electronic filing through its Trademark Electronic Application System (TEAS):
To file a trademark application, you will need to provide: (1) the name and address of the applicant; (2) a precise drawing of the mark; (3) a list of the goods and/or services on which the mark will be used; (4) the filing fee; and (5) a signed declaration that the applicant is the owner of the mark and that there is no other person who has a right to use the mark in commerce.
Here are just a few of the strategic decisions that go into a trademark application:
- Who is the correct applicant?
- Which filing basis is best for your application?
- Should you claim specific color(s) or styles for your trademark (hint: you don’t always have to)?
After the USPTO receives your application, you are ready to move on to the next phase – examination.
Step 3: USPTO review of the application
After your application is filed, it will be assigned to an examining attorney who will review it to ensure it meets all the legal requirements for registration. The USPTO reviews trademark applications to determine whether they meet all legal requirements for registration. Many applications do not and are rejected.
Successfully navigating the review phase comes down to monitoring your application and showing the U.S. Patent and Trademark Office (USPTO) that:
- your application meets the technical rules and requirements
- your trademark is not similar to anyone else’s, so your trademark is not “likely to be confused” with any other registered marks
- your trademark is “distinctive” in a legal, trademark sense
When an examiner identifies any issues, defects, or technical deficiencies in an application, the trademark examiner will issue an Office Action letter. About 80% of all applications receive an initial rejection, according to the USPTO.
If you receive an Office Action, your application moves on to the next phase – response to the USPTO.
Step 4: Responding to the USPTO
When an application does not meet all the requirements, the examining attorney will issue an office action that sets forth the specific issues that need to be addressed. The applicant then has a limited time to respond to the office action and address the issues raised. If the examining attorney is not satisfied with the response or it does not address each and every issue raised in the Office Action, the examining attorney may issue a final rejection.
If the examining attorney is satisfied with the response and there are no remaining issues to address, the application will be approved for publication in the Official Gazette.
Step 5: The trademark application is published by the USPTO
After an application is published in the Official Gazette, anyone has an opportunity to oppose the registration of your mark by filing an “opposition” with the USPTO. An opposition is similar to a trial in federal court and is presided over by a panel of three administrative law judges.
If no one files an opposition, or if the opposition proceeding is decided in favor of the applicant, the application moves on to the final stage – registration.
Step 6: The trademark application is granted
If you complete the examination and publication steps, the trademark registration process concludes with registration. At the end of the 30-day publication, the application is sent back to the examining attorney for a final review. If you have shown the USPTO that you are using your trademark, the USPTO will issue a Registration Certificate and mail it to you. If, on the other hand, you have not yet shown the USPTO that you are using your trademark, the USPTO will give you six months to submit evidence of your use. Then, it will issue the Registration Certificate.
With that registration, you can use Federal law to stop infringers while your brand enjoys exclusive use of your mark, in your industry, in all 50 States.
The trademark process typically takes over a year to complete. However, once your trademark is registered, it will be valid for ten years. You can renew it every ten years if you’re still using it.
What is a typical trademark process timeline?
A typical USPTO trademark timeline for an application that the examining attorney initially approves looks like this:
Examiner approves the application – timeline: between 8 months: It takes the USPTO about 8 months after your application is filed to review it. If the examining attorney does not find any issues, the attorney will approve your application, and the examination step ends.
Publication – timeline: about 3 months: After the examining attorney approves your application, it will be published in the Official Gazette for a 30-day opposition period. This will allow the public to review your trademark and oppose it if there is a trademark reason.
Registration – timeline: about 2 months: If no one opposes your registration or requests an extension of time to oppose it, the USPTO will send your case to a printing contractor to print your official Registration Certificate.
Trademark Process (Infographic)
When should you start your trademark application?
You should start your trademark application as soon as possible.
It is better to file a trademark application as soon as you have settled a name, slogan, logo, or phrase for your product or service. So, once you come up with that perfect trademark for your business or brand, don’t delay in applying with the U.S. Patent and Trademark Office (USPTO). In fact, in many cases, a business will want to start the trademark application as soon as its LLC or corporation is approved.
One reason to start early is that it often takes a year to receive final approval. Plus, by filing for a trademark before launch, you can ensure that your name is protected once you begin commercial sales. Also, by trademarking your name, logo, and slogan first, you prevent anyone else from trademarking it for their business.
Remember: Trademark applications are reviewed on a first-come, first-served basis, which means that the earlier your trademark application is received, examined, and approved, the earlier your trademark will be legally protected and officially yours.
Do you need help with your trademark?
What happens after your file a trademark application?
After submitting your application, it undergoes a multi-stage review process.
The U.S. Patent and Trademark Office (USPTO) reviews all trademark applications to ensure that they meet all legal requirements and do not conflict with any other trademarks. This review process comprises three steps:
Step 1. Review by a USPTO examining attorney
About four to six months after your application is filed, it will be reviewed by a USPTO attorney (“Examiner”). This process is commonly referred to as “examination.” In this step, the Examiner determines whether your trademark poses a potential conflict with any other registered trademark or pending trademark application and if it meets all USPTO standards for trademark registration.
• If the Examiner finds no issues with your application, your application will be approved.
• If the Examiner finds a conflict or any other issue, the Examiner will issue a letter called an Office Action, to which you must respond.
The USPTO gives you six months to respond to the Office Action, but the longer you wait, the longer your application will take.
Importantly, keep in mind that the USPTO Examiner is prohibited from offering anything that comes close to legal advice. This is one of the reasons that the USPTO strongly encourages all applicants to get a trademark attorney.
Step 2. Publication in the USPTO Official Gazette
The USPTO publishes all approved trademark applications in its Official Gazette. This publication begins a 30-day window in which anyone that believes they would be harmed if your trademark is registered can “oppose” registration of your trademark. Opposition is rare.
If there is no opposition, then your application continues to registration.
If an opposition is filed against your trademark application, a particular branch of the USPTO will start an “opposition proceeding” and review the matter. An opposition proceeding is essentially a streamlined trial to determine whether there are valid grounds to deny your application.
If you prevail, your application will move on to registration.
If you do not prevail, your trademark will be denied.
Step 3. Registration
Your trademark is issued. After your application completes the examination and publication stages, the USPTO will register your trademark and mail you an official registration certificate. With that registration, you can use Federal law to stop infringers while your brand enjoys exclusive use of your mark, in your industry, in all 50 States.
Why does a trademark take so long?
There are several reasons it takes so long to get a trademark, including a 4-6 month backlog, applicant delays, and the multi-stage review process that all applications undergo.
The U.S. Patent and Trademark Office (USPTO) receives so many new applications that it takes between 4-6 months just to start to review them. Also, the trademarking process is a complex, multi-stage legal proceeding that involves Federal law and a Federal agency.
What are some of the reasons a trademark application can be delayed?
Three of the most common potential delay the trademark timeline:
• Trademark Office Actions
• Statement of use
• Oppositions
Office Action Delays: 2-6 months
An Office Action is a letter from a USPTO examiner that explains conflict or any other issue that the Examiner finds with your application.
If the examining attorney discovers any issues during the review, the USPTO will send you an Office Action explaining the problems found. The USPTO gives you six months to respond and takes about two months to review your response. So, if you respond at the deadline, you can expect to extend the USPTO trademark timeline by up to 6 months.
The USPTO gives you six months to respond to the Office Action, and the longer you wait, the longer your application will take to register.
Opposition Delays : 1-12 months
An Opposition is essentially a streamlined trial to determine whether there are valid grounds to deny your application.
The length of the delay for opposition depends on whether or not the parties resolve their dispute or if it leads to an actual opposition. If your application is opposed, you may have to go through the whole opposition procedure, which routinely takes 12 months.
Statement of Use Delays: 6 months or more
A Statement of Use is a submission that shows the USPTO that you are using your trademark. If you do not show use during examination, the USPTO will give you six months after publication to do so. Here again, the longer you wait, the longer your application will take to register.
Do you need help with your trademark?
Are There Ways to Speed Up the Trademark Process?
Yes, there are ways to speed up your trademark application.
The U.S. Patent and Trademark Office (USPTO) usually examines trademark applications in the order in which they are received. But, in some situations, where special circumstances exist, a trademark application can be expedited so that registration completes significantly faster. This requires a “Petition to Make Special” requesting special treatment of your application.
What is the best way to speed up a trademark?
The best way to speed up your trademark is to work with an experienced trademark attorney. An experienced trademark attorney can help you before you file, during the application process, and after registration.
What are five ways a trademark attorney can help speed up approval of your trademark application?
1. A trademark attorney can ensure that your pre-filing trader search for similar trademarks is complete and correctly analyzed
2. A trademark attorney can ensure that your trademark application is complete, filed correctly, and requests the protection that you want
3. A trademark attorney can explain USPTO correspondence and ensure sure that you respond completely to any Office Actions
4. A trademark attorney can ensure that your evidence of use is acceptable
5. A trademark attorney can explain your trademark rights and how to enforce them
How We Secure Trademarks for Our Clients
Ready to legally own your trademark?
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your character, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).
