How to Get a Trademark Application Expedited

By Josh Gerben, Esq.

For most companies, when it comes to registering trademarks, time is of the essence. With the standard time between application submission and review at the United States Patent and Trademark Office (USPTO) now stretching to ten months or more, the desire for expedited reviews has become more prevalent than ever. 

Luckily, there exists a lesser-known tactic—a trademark filing “hack”—that can significantly expedite the review process. In this blog post, I’ll dive into this strategy and explore how consistent filing practices can open the doors to quicker trademark reviews.

How the expedited review strategy works

Traditionally, the USPTO operates on a first-come, first-served basis for trademark applications. Essentially, this means that the earlier you file your trademark application, the sooner the USPTO will review your application.

However, the USPTO often “bunches” together all open applications from a single entity, reviewing them all at the same time. This means that by consistently filing trademark applications at different intervals, a company can receive an expedited review.

In order to leverage this strategy effectively, companies should adopt a consistent filing schedule. By filing new trademark applications every few months, businesses can ensure a perpetual “window” for expedited review. For instance, adhering to a cadence of submitting applications every 3 months would maintain a continuous stream of applications in the review pipeline.

Real world example: OpenAI’s trademark filings in 2023

For example, consider OpenAI, the developer behind ChatGPT. Throughout 2023, OpenAI strategically filed multiple trademark applications at various times, ranging from May to November.

However, despite the differing submission dates, all of OpenAI’s applications underwent review at the same time on February 1. This consolidated review process underscores the effectiveness of this strategic trademark filing tactic.

Trademark	Filing Date	Date Examined
	May 9, 2023	February 1, 2024
OAI	May 30, 2023	February 1, 2024
	July 5, 2023	February 1, 2024
GPT-5	July 18, 2023	February 1, 2024
	October 5, 2023	February 1, 2024
GPT-6	October 20, 2023	February 1, 2024
GPT-7	October 20, 2023	February 1, 2024
GPT STORE	November 14, 2023	February 1, 2024

Advantages of obtaining an expedited review of your trademark application

With the significant wait times at the USPTO, the advantages of expediting trademark reviews are numerous. Most notably, quicker review times translate to faster protection for your intellectual property assets. With an expedited review, companies can more swiftly enforce their trademark rights, safeguarding their brands against infringement and misappropriation.

Not only does an expedited review afford you the ability to enforce your trademarks sooner, but it also affords you peace of mind if you’re about to launch a new product. A quicker path to trademark registration means you can launch your product in the marketplace without the fear that you won’t be able to protect your product against infringement from competitors. 

Additionally, this expedited trademark protection can help boost your brand’s perception in the marketplace. Having a registered trademark symbol next to your product/brand name helps to foster trust and loyalty in consumers. This is incredibly important when you’re trying to build a loyal customer base for a new product/business

While this trademark filing strategy offers a compelling shortcut, it’s important to note that it doesn’t come without its caveats. 

Complete a cost-benefit analysis

Companies must carefully balance the benefits of expedited review against potential drawbacks, such as the increased cost of filing applications and possible administrative burdens.

It is also important to consider the fact that sometimes your trademark application may be rejected by the USPTO for any number of reasons. This is why I recommend always working with an experienced trademark attorney to help guide you through the sometimes complicated, complex process of getting your trademark registered. 

Final thoughts

In the competitive landscape of trademark law, strategic maneuvers can make all the difference in setting you apart from your competition. This trademark filing strategy exemplifies one of these tactics—a strategic approach to securing an expedited review that hinges on consistent filing practices. By employing this tactic, companies can swiftly maneuver through the trademark registration process, securing timely protection for their valuable intellectual property assets.

It is important to note that this trademark filing strategy is not guaranteed to result in a quicker review. The USPTO examiner does have the discretion as to whether or not they want to review all of your applications at the same time or split them up. Therefore, nothing in this blog post should be relied upon for legal advice or guarantee that following the strategy discussed in this post would result in a faster review of your trademark application.

Finally, the USPTO has indicated that it might phase out the use of this practice. As of the writing of this blog in February 2024, the practice is still ongoing at the United States Patent and Trademark Office.

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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.