A trademark is one of those things that make your company’s branding unique. It may be a phrase, a slogan, a design, a picture, a sound, or any other “source identifier” that your customers use to associate the products and services they buy and use with their sources. Trademarks are also a form of intellectual property.
When you begin using your logo or mark in operations, you establish your Common Law Trademark Rights. However, registering and making it official takes much longer.
Securing a trademark is an essential step for protecting your brand, but many business owners wonder how long does it would take to get one. The answer depends on multiple factors, but the typical Trademark Application Timeline spans 12 to 18 months.
Here, we explain the details of the process so you can better understand what to expect.
The Trademark Application Timeline
The trademark registration process involves multiple stages, each with an individual time frame.
- Filing the Application (0 Months). The first step is submitting your trademark application to the United States Patent and Trademark Office (USPTO). Once filed, you’ll receive a serial number to track your application.
- USPTO Review (4-6 Months). After filing, your application enters a queue for review by an examining attorney. This step typically takes 4 to 6 months, depending on the volume of applications at the USPTO.
- Office Action or Approval (6-10 Months). If the examining attorney finds issues with your application, they will issue an Office Action, which gives you up to 6 months to respond. If no issues are found or resolved promptly, your application moves forward.
- Publication in the Official Gazette (1-3 Months). Once approved, the USPTO’s Official Gazette publishes your trademark for a 30-day opposition period. During this time, third parties can challenge your trademark.
- Certificate of Registration (2-3 Months). If no opposition is filed or any challenges are resolved, the USPTO issues your official trademark registration certificate within 2 to 3 months after publication.
Why Does It Take So Long?
While 12 to 18 months may seem like a lengthy process, several factors contribute to this timeline:
- Volume of Applications: The USPTO handles thousands of applications daily, creating a backlog.
- Legal Reviews: Each application undergoes rigorous examination to ensure compliance with U.S. trademark law.
- Potential Delays: Errors in filing, Office Actions requiring responses, or oppositions during publication can extend the timeline.
Tips for Speeding Up the Process
The earlier you start, the earlier you’ll receive your trademark. Although you can’t control every aspect of the process, you can avoid unnecessary delays by:
- Conducting a thorough trademark clearance search before filing.
- Filing your application accurately and completely.
- Responding promptly to any Office Actions.
- Working with an experienced trademark attorney who can navigate potential roadblocks and submit everything timely.
One noteworthy advantage of starting early is that your protection begins on the date you file your application—not when the trademark is officially registered. This retroactive protection ensures that even during the review period, your rights are safeguarded against later filings by competitors.
Get Protection For Your Company’s Trademark
Trademarking your business is one of the most important ways to protect it and prevent others from using your name, logo, digital and intellectual property. The Law Office of Lindsay Kaplan has been helping companies throughout the United States protect their companies, trademarks, and intellectual property since 2016. Contact our office today by phone at 1-845-417-7817, via email at team@lkaplanlaw.com, or our website.