How Long Does It Take to Register A Trademark?

By Josh Gerben, Esq.

It used to take just about 8 months to register a trademark in the United States.

However, starting in about 2020, the USPTO saw an influx in trademark applications. Now it takes between 15-18 months to register a trademark.

Since it takes a long time to register a trademark, you will want to get started on the registration process as soon as possible.

The actual timeline for your trademark application can be influenced by a number of factors, such as:

• Whether you filed the application based on an actual “use in commerce” or an “intent to use in commerce.”
  
• If your trademark application has any oppositions.
  
• The United States Patent & Trademark Office (USPTO) needs to issue any Office Actions regarding your application.

Let’s take a look at some of the steps that comprise the trademark registration timeframe.

Before we move on, though, a quick note on the importance of the filing date on a trademark application. Regardless of the date your trademark is actually registered, once registration is achieved your trademark is entitled to protection retroactive to the initial date of filing.

An application’s filing date is an important part of establishing priority of usage if any disputes should arise during or after your trademark application period.

The Trademark Application Process

The time between when you submit a trademark application and a trademark registration is granted by the USPTO is typically referred to as the trademark application process.

It is important to note that before you begin this process, you or your attorney should conduct a proper trademark search. This is because, during the application process, a US government attorney (known as a trademark examiner) will review your trademark and determine if it is too similar to any other pending trademark application or existing trademark registration. The trademark examiner could then refuse your application if he/she finds a similar trademark.

Once you have completed a trademark search and and are ready to file your application with the USPTO, the real substance of the trademark application process begins.

Step 1: Months 0 – 10

Submit your trademark application to the USPTO and wait for an examining attorney to review it.

You’ll submit a trademark application to the government, where it goes into a queue for an examining attorney to review. There is currently a substantial backlog of trademark applications, and this initial stage can take up to 10 months before your application is seen by a USPTO examiner. There are a lot of applications coming in, and only so many examining attorneys to handle them.

Step 2: Months 11 – 13

The examining attorney reviews your trademark application and may issue an Office Action.

The USPTO examining attorney will then conduct a thorough review of the application. They’ll be checking for whether or not:

• The application complies with technical requirements.
• Your application properly identifies the goods/services associated with your trademark.
• A potential conflict with an existing mark.

If the examining attorney finds any issues with your application, an Office Action will be issued, which will delay your application.

Step 3: Month 14

Your trademark is Published for Opposition.

In an ideal situation where no Office Action is issued, your trademark application will then move to the publication stage. This is a way of publicly announcing your pending trademark registration and allowing any third party to object to it, regardless of whether they own a trademark or not.

New trademarks are published weekly and subject to a 30-day Opposition period.

The USPTO will notify you of the exact dates that your trademark application will be “Published for Opposition.” You will also be notified via email if any Notice of Opposition is filed against your trademark application by a third party.

Step 4: Months 15 – 18+

Your trademark becomes federally registered with the USPTO.

Once your trademark application makes it through the 30-day open opposition period, your trademark is, for all intents and purposes, approved for registration.

The USPTO is a busy agency, so it’s possible that the certificate of registration for your trademark won’t be issued for three to six months after the opposition period closes.

Also, trademark applications that were filed based on an intent-to-use basis will be required to prove use before a registration certificate is issued. To prove use, you must show that your trademark is being used in commerce and that you have actual sales across state lines.

If you’re doing the math here, 15 months is very much at the inside of the range for each of these time frames combined. It is possible to receive your certificate in a little over one year, but it is not guaranteed. In many cases, the projected timeframe is closer to 18 months.

Potential Delays For Your Trademark Application

A couple of potential speed bumps may arise during the trademark application process and these issues can delay your trademark registration timeline.

First, here is a list of some of the ways an application may be delayed:

• An “Intent to use” filing basis
• Improperly identified goods and services
• Invalid addresses
• Oppositions during the Publication Period
• Office Actions
• Specimen Issues

Now let’s discuss each of these potential issues and how you can prevent or address them.

“Intent to use” Filing Basis
If you filed your trademark under the “intent-to-use” filing basis, it won’t be approved until you’ve proven actual use of the trademark in commerce. That said, filing an “intent-to-use” application can be very helpful because it provides a federal priority date for your trademark rights.

Improperly Identified Goods and Services
A common delay in the trademark registration process is to improperly identify the goods and services covered by your trademark in the application. The USPTO has specific technical language that it accepts for product or service identification in a trademark application.

Using a trademark attorney to assist with the trademark application process will dramatically lower the chances of having this type of issue with any application.

Invalid Addresses
Another common delay in the trademark registration process can occur if you do not provide a valid address to the USPTO. You must use a real address and not a registered agent’s address.

The USPTO uses software to verify the information you provide. Keep in mind that any address you provide in your trademark application will be a matter of public record, along with your name, phone number, and email address.

Oppositions
Once your trademark has been published, third parties can oppose the registration of your trademark. These disputes may hold up your trademark’s approval, though the length of time depends on the veracity and legitimacy of any claim made.

Specimen Issues
Your trademark application may also be delayed if you do not provide proper specimens that show how the trademark is being used or will be used. A specimen is like a sample of your trademark, and it is evidence of use or intended use in commerce.

Any trademark application requires at least one specimen to be submitted. If you are applying under more than one class of goods or services, you will need to submit one specimen for every class.

There are strict rules for acceptable specimens, which include the following:

• It must show your trademark with the identified service or good in your application.
• It must match the trademark as it was drawn on your application.
• It must show the trademark the same way a consumer would see or experience it.
• It must adhere to the USPTO’s formatting requirements for file type and size.

This is not an exhaustive list of the requirements for specimen submission. You can review the requirements on the USPTO website or ask your trademark attorney for clarification.

Ways to Speed Up the Trademark Application Process

If you’re pressed for time, as many entrepreneurs and business owners are, you may be wondering if there are ways to fast-forward the application process. While no shortcuts will get you to the finish line months ahead of the expected timeframe, there are things you can do to speed it up a little.

File Amendments for “Intent to Use” Trademark Applications
If you file based on an intent to use, the USPTO will ask for a statement of use to prove you have sales before your trademark is issued. Alternatively, and as a quicker option, you can also file an amendment to allege use during the application process.

 Of course, you can only do this if use actually begins during the application process. For those who meet these criteria, you may see a decrease in the typical wait time for your trademark approval and certificate.

Work with the Examining Attorney
Another way to push your application through the process more quickly is to work with the examining attorney if an issue arises. You can actually email or call to speak with your examiner. This can help you get an “examiner’s amendment” issued rather than forcing you to file a formal response, which takes much longer.

An examiner’s amendment can be used as an expeditious way to propel the application forward after a change has been made, including when the attorney must amend the identification of goods or services or add an incorporating state.

File a Clean and Accurate Trademark Application
This last tip is not necessarily an action you can take to move things forward quickly but more of a proactive step you can make to prevent your application from experiencing unnecessary delays.

Ensure you file a clean application that does not have any technical deficiencies or mistakes. Errors or omissions on trademark applications can cause them to be flagged for an Office Action, which can take considerably longer to process than those that move forward without any extra review stages.

Check your application carefully prior to submission to avoid time-consuming USPTO Office Actions.

Obligations Once a Trademark Registration is Obtained

Keep in mind that the process isn’t truly over once your trademark becomes federally registered, as you’ll be responsible for policing any unauthorized use of the mark. You should think of this as a 24/7 job because once a trademark is used too often by third parties or falls into generic use, it is subject to cancellation.

As a trademark owner, you are also responsible for ensuring that all trademark renewal deadlines are met. A trademark is generally eligible for registration only if it is being actively used in commerce, and trademark renewals are a way of confirming that the trademark is still actively being used.  

Your first renewal is due during the fifth year the registration is in effect (in other words, after five years but before the sixth year starts). After that, the next renewal is due during the ninth year of registration, and subsequent renewals are due every tenth ensuing year.

Currently, there is a six-month grace period for these filing timelines. You can still file your renewal during that time, but you will be charged a late filing fee.

Do not forget those time frames. The USPTO may send courtesy reminders via email regarding upcoming deadlines, but that is not guaranteed. Regardless of whether you do or do not receive a reminder from the USPTO, you are still responsible for adhering to the deadlines and filing on time.

Final Thoughts

The trademark registration process takes about 15 months but can be delayed to 18 months or more. If time is of the essence, it is recommended you work with an experienced trademark attorney as they know the ins and outs of the process and can guide you to the quickest possible registration.

If you are looking for a simple, effective way to register your trademark, Gerben IP offers a Flat Fee Registration Package. This package includes attorney consultation time, trademark searches, filing of the application, and many other necessary steps to help you start protecting your trademark.

To get started, fill out our contact form or call us toll-free at 1-800-281-6275.

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.