Overview of the Trademark Registration Process

What does the trademark registration process look like?

In the United States, the trademark registration process typically takes about 15-18 months from start to finish.

The trademark registration process begins once an initial trademark application is filed with the United States Patent and Trademark Office. It will then take about ten months for the USPTO to initially review your application. This step of the process consists of an attorney that works for the USPTO (called an “examining attorney“) reviewing your application to determine if any conflicts exist with another trademark and ensuring your application meets all the technical requirements set forth by the USPTO.

After the examining attorney has finished reviewing your trademark, they will then forward the trademark for 30-day period of “publication.”  During this “publication” period, any member of the public (or another company) can oppose your trademark application.  Therefore, even if the USPTO has approved your trademark application, a third party may feel they could be damaged by the eventual registration of your trademark and oppose your application during the publication period.

Once the 30-day publication window closes, the application is sent back to the examining attorney for final review. At that point, as long as you 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.

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Josh Gerben, Esq.

Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.