Greetings. I’m trademark attorney Josh Gerben and today I want to talk you a little bit about how the trademark registration process works.
The first thing you need to do is submit a trademark application with the United States Patent and Trademark Office. This is a U.S. government agency, commonly referred to as the USPTO.
When you file a trademark application with the USPTO, it will take about three to four months for them to initially review your application. At that point, an examining attorney will review your application and compare it to other trademarks that preexist yours to ensure there is not a conflict. After the examining attorney does this, they will then forward the trademark for publication.
Publication refers to the 30-day comment period that goes with every trademark that’s registered on the Principal Register. During this period, any member of the public can oppose your trademark application. So even if the U.S. government has approved it, potentially a third party feels they could be damaged and then during this 30-day window could oppose your application.
Once that 30-day window closes, the application is sent back to the examining attorney for final review. At that point, as long as you had filed your trademark “in use,” meaning that your products or services were being sold at the time the application was filed, the examining attorney will issue the registration on your trademark, and a registration certificate will come in the mail.
This entire process takes about six to eight months. On average, it tends to be more eight months than six. And that is how the trademark registration process works.
If you have any further questions, please feel free to give me a call. Thank you very much.