How long does us trademark take [Expert Advice]


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Last updated : Aug 3, 2022
Written by : Jenell Naki
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How long does us trademark take


Comment by Gaston Hartsfield

hi I'm u.s. trademark attorney Morris Turek today I'm gonna give her a question that current and prospective clients ask me all the time how long does it take to register a trademark in the United States unfortunately there's no one-size-fits-all the answer to that seemingly simple question depending on your particular situation it could be a matter of months but in some cases it could take many years the good news is that no matter how long it takes for the United States Patent and Trademark Office to issue the certificate of registration all of your federal trademark rights date back to the filing date of your trademark application in other words it's not the actual registration date that matters in fact the registration date is only relevant to calculate the trademark registration renewal deadlines it's the application filing date that reserves your nationwide priority to use your trademark in connection with the advertising sale of the products or services listed in your application how long it takes to register a trademark in the United States depends on many different factors let's take a look at four different scenarios and see how they compare scenario 1 if your trademark is already in use in commerce you can follow a trademark application under Section 1a after the application is submitted it will be about three to four months before a trademark examining attorney for future reviews your application if the examining attorney doesn't issue in trademark office action and no trademark opposition is filed during the 30-day publication period you can expect your trademark registration to issue within about seven to eight months from the application filing day however if you receive an office action or an opposition is filed then the timeframe for registration will be significant longer scenario two if your trademark is not in use in commerce you can follow your trademark application under Section 1 be intent to use again it will be approximately three to four months before a trademark examining attorney examines your application if the examining attorney doesn't issue a Trademark Office action and no trademark opposition is filed the notice of allowance will issue about six to seven months after your application is filed you then have six months in which to file the statement of use once the statement of use is final your certificate of registration will issue in about two to three months if you're unable to file the statement of use within the six month period you can file an extension of time which will give you another six months in which to file the statement of use you may file up to five extensions six months each until you must file the statement of use so as you can see the time frame for registration if you file your application under Section 1 B is primarily dictated by how long it takes you to file the statement abuse scenario 3 if you already own a foreign trademark registration for the exact trademark you want to register in the United States you may be able to file your trademark application under Section 44 e the process in time frame will be essentially the same as if you had filed your application under Section 1 hey using commerce so you can expect your trademark registration within approximately seven to eight months from the application filing date assuming no office action or opposition scenario for if you already have a pending foreign trademark application for the exact trademark you want to register in the United States you may be able to file your u.s. trademark application under Section 44 D in this case the time it will take to obtain your treatment registration will depend on how long it takes for your foreign trademark application to become a registration this is because the trademark office will put your application into suspension until you can demonstrate that your foreign registration has issued so if a trade market application filed under Section one a or 44 e typically takes seven to eight months to register assuming no office action in opposition it will be seven to eight months plus the time it takes for your foreign registration to issue before the trademark office grants your certificate of registration again I'm the u.s. trademark attorney Morris Turek if you have questions regarding how long it might take to register your particular trademark please feel free to contact me for your no-cost consultation I look forward to hearing from you soon you


Thanks for your comment Gaston Hartsfield, have a nice day.
- Jenell Naki, Staff Member


Comment by Johnna

if i had a crystal ball i would be able to tell clients and potential clients exactly how long the trademark application process will take when we file their new applications of course i don't have such a crystal ball and no one does um but this question comes up again and again and again everyone wants to know how long will this process take before i get to that and i do have a lot of insight and a lot of experience with it but before i get to that you'll remember that you've probably heard me say it doesn't really matter as much when the process is completed what's much more important is when the process begins you see that filing date when you get a serial number when you're in the public records when you receive the filing receipt that is in many ways a much more important date than the registration date but of course the registration date is important and the length of the process is an important question to try to answer so the process on average takes about a year and that's a give and take there's a lot of factors it depends on whether the application is based on use or intent to use if it's based on intent to use it's probably going to take longer because there are extra steps it depends if there are any challenges the vast majority of applications don't have any challenges from a third party but if they do that can hold up or tie up the application for a long time it depends if the application is suspended due to other pending applications that are filed in front of it that can believe it or not sometimes hold up an application for years and years and years i've had a few applications you might not believe that have taken about 10 years to go through the application process but they had their place in line from that filing date and they saw them all the way through and they received those registrations however as i said on average it's about a year-long process there really is very little anybody can do to speed up the process other than try to meet all the requirements from the outset and respond to any inquiries from the examiner as soon as possible the one thing uh within the last few months that has arisen that allows some applicants to speed up the process is a special petition available if the products relate to fighting coven 19 and the coronavirus then you can expedite the period between the application filing and when it gets its initial review otherwise the initial review generally takes three to four months i would expect as we record this in early 2021 that the average will be closer to four months for the foreseeable future because of the huge influx in filings recently at the uspto so the answer like any good legal question is to the question how long will my trademark application process take the answer is it depends but the important thing is to get it filed and to know that it is about a year long on average absent any special circumstances if you have questions about the timing about your application other topics you'd like to see covered in my podcast or in my videos please drop me a comment or send me a message have a great day


Thanks Johnna your participation is very much appreciated
- Jenell Naki


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