Like other types of applications to the United States Patent and Trademark Office (USPTO), the duration of the trademark registration process varies and depends on many factors. If the process goes smoothly, with no rejections or issues, the process usually takes between 6 and 7 months. However, if there are rejections or previously filed conflicting trademarks, the process usually takes between 10 and 11 months
The figure below illustrates a timeline for the trademark registration and maintenance process for a trademark already used in commerce. (1).
As depicted, it takes approximately three months from the time the trademark application is filed for the USPTO to review the application. Recently however, this takes process has been taking between 5 and 6 months. Upon reviewing the application, the examiner at the USPTO can choose to approve the trademark or reject the trademark application. If the examiner approves the trademark, it takes about 2 months for the trademark to issue (1 month for a public comment/opposition period and 1 month to process it for registration).
However, if the examiner rejects the trademark and issues an office action (meaning that the examiner found that the application conflicted with an existing trademark), the registration process will take even longer. Typically, each round of rejection and response takes between 2 and 3 months. If the response is sufficient for the trademark to issue, it usually takes an additional 2 months for it do so.
It is important to note that in addition to the variations discussed above (describing a trademark already used in commerce), the duration of the registration process also varies for how your trademark is used. For example, the timeline of the trademark registration process varies if your trademark is not currently in commercial use, [or if] [y]ou own an earlier-filed foreign application that was filed within six months of your U.S. application . . . [y]ou own a foreign registration of the same trademark for the same goods and/or services from your country of origin” (2).
With the help of an experienced Patent and Trademark attorney, an inventor can effectively navigate the complexities of the trademark registration process.
If you are a startup, small business, or a solo-inventor looking for a high quality & affordable patent or trademark, you've found the right place. Miller IP Law offers transparent and affordable options specifically designed for your business goals. Grab a strategy meeting to kick things off!
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