20 Tips: How Long Does It Take to Register a Trademark
One of the first questions that people who are looking to protect their brand ask, as is revealed in discussions on the same over at runrex.com, is how long it takes to register a trademark. As explained by the USPTO website, because of the complexity of the process, it is quite difficult to predict exact time-scales. This is why while some registrations are completed within a year, some can take years to finalize. This article, through the following 20 tips, will look to answer this question by articulating what the process entails, factors that can affect the timeline, as well as tips to speed up the process.
Average time
As already mentioned, the USPTO website states that the complexity of the process makes it difficult to predict exact timelines as far as the registration of trademarks is concerned. The average time from filing to completion is about 9.5 months according to the USPTO’s records as discussed over at guttulus.com.
How long does it usually take to register a trademark?
Although the USPTO’s records state that the average pendency of a trademark is 9.5 months, it usually takes between 12-18 months for a trademark to be registered in most cases according to the experts over at runrex.com. Some cases can even stretch to 2 years.
Factors affecting the speed at which the process moves
Several factors will affect the speed with which a trademark application is processed as discussed over at guttulus.com, and they include:
The level of experience of the examiner overseeing the process
The quality of the application itself
The use of relevant software allowing applicants to receive updates from the USPTO
The likelihood of issues that need addressing with descriptive research like demonstrating the use of the mark commercially or resolving conflicts
Tips on the trademark timeline
Initial search
Once you decide to register a trademark, you will need to conduct a trademark search. Here, it is advised that you consider hiring a trademark attorney given that they have the experience and tools to conduct a professional trademark search to ensure that the mark you decide on has an excellent chance of USPTO approval.
Filing with the USPTO
After completing a trademark name search, you will then need to file your application with the USPTO where it will go into a queue for an examining attorney to review it. Given that the USPTO receives thousands of applications each year, standard procedure is a wait of 3-4 months before your application gets assigned an attorney.
Examination
Once one is assigned, the examining attorney will then conduct a thorough review of the application, checking for the accuracy of your application as explained over at runrex.com, as well as if there are any potential conflicts with an existing mark.
Office Action
If during the examination, the examining attorney uncovers any issues, then they will issue an Office Action as discussed over at guttulus.com. This is usually issued within a month of the examiner being assigned to your application.
Responding to an Office Action
Once you receive an Office Action, you will be required to respond to it within 6 months to ensure that your application remains active according to the subject matter experts over at runrex.com. If you don’t respond within these 6 months, your application will be deemed ‘abandoned’ which means that you will have to start the process again if you wish to register the same mark.
Response by the examining attorney
Once your response is received, the examining attorney will either accept your submission or issue a second or final Office Action within 1-2 months if your response is deemed to be unsatisfactory which will then need a response with 6 months.
What happens if you receive a final Office Action?
It is worth noting that if you receive a final Office Action by the USPTO, then you can ask for it to be reconsidered or you can file a Notice of Appeal with the Trademark Trial and Appeal Board.
Resolution of all Office Actions
If all Office Actions are resolved, then within 1-2 months of this happening, your application will be published in the USPTO’s Official Gazette to allow objections from third parties who have 30 days to oppose your mark as outlined over at guttulus.com.
Federal registration
If there are no objections, or if they are resolved, then your mark will be federally registered with the USPTO within 2-3 months and you will receive your Certificate of Registration as is explained in detail over at runrex.com. If you aren’t already using your mark, you will receive a Notice of Allowance, which means that you will need to file a statement of use within 6 months to complete the registration process.
Declaration of Continued Use
As is covered over at guttulus.com, between the 5th and 6th year after registration, you will need to make a Declaration of Continued Use to show that you are still using the mark. You will then have to do this again between the 9th and 10th year including an Application for Renewal to prevent cancellation of your trademark.
Tips on the factors that can affect this timeline
Office Actions
An Office Action is a query from the USPTO that may request for clarification, a required correction, or a potential conflict or overlap with an existing mark. If you receive an Office Action, you will have 6 months to respond which will slow down the process for you.
Objections
Another factor that usually delays trademark registrations is objections. This is because once notice of registration is published in the Official Gazette as outlined earlier, there is a 30-day period in which anyone can file an objection to the registration. Objections take additional time to resolve and will delay the process.
Other factors
Other factors such as incomplete applications, slow responses to requests from the USPTO, particularly responses to Office Actions, as well as failure to file paperwork by deadlines can delay the process and possibly jeopardize the trademark registration according to the experts over at runrex.com.
These are just some of the factors that can lead to potential delays in your trademark application.
Are there situations that can lead to the USPTO expediting the process?
Yes. There are some exceptional situations in which the USPTO may expedite certain types of trademark applications, as is currently happening with products and services related to COVID-19 as explained over at guttulus.com.
Tips on speeding up your trademark application
Do thorough research
Given that, as mentioned earlier, objections and Office Actions can lead to the delaying of your trademark application, the gurus over at runrex.com recommend that to speed up the process, you should make sure that you conduct thorough research into your trademark to identify possible conflicts before starting the registration process.
Make your application as strong as possible
Also, to avoid Office Actions, which will delay your trademark application process, then you should also ensure that you make your application as strong as possible. This means avoiding any mistakes when filing your applications as well as instances of incomplete applications.
Hire a trademark attorney
Finally, you should consider hiring a trademark attorney if you want to speed up your trademark application. A trademark attorney will ensure that everything is done properly from the initial search to the application documentation, preventing instances of Office Actions or objections and making sure that the process is as smooth as possible from start to finish. Doing it yourself is a false economy as it may end up costing you much more in the end.
Hopefully, this article helps you in answering the question regarding how long it takes to register a trademark, with more on this very wide topic to be found over at the excellent runrex.com and guttulus.com.