How long does it take to register a trademark? The answer, “More time than most business owners expect.”
The Federal trademark registration process moves slowly, and the USPTO continues to struggle with delays. These issues may involve understaffing or other internal problems. Whatever the cause, you should plan for a registration timeline that often lasts a year or longer. Intent-to-Use applications can take even more time.
Trademark Registration Timeline
The timeline below explains what you can expect after you hire our firm to register your trademark.
1st Day
- You sign the retainer.
2nd through 7th Day
- We complete your clearance search.
- You receive our written Opinion letter by email.
Days 8–10
- You review the draft application that we prepare.
Days 9–11
- We file your trademark application with the USPTO.
9–12 Months Later
- The USPTO issues either a Notice of Allowance or an Office Action.
- You have three months to respond to any Office Action.
- Missing this deadline will cause the application to abandon.
When an Office Action contains complex issues, drafting a proper response takes two to four weeks. Administrative Office Actions, alternatively, are quick fixes by nature, requiring tweaks or slight revisions to your trademark registration application only. (Noble Path Legal PLLC does not charge you extra for resolving administrative Office Actions!)
The Publication Period
After the USPTO approves the application for publication, it moves into a 30-day Publication Period. During this window, third parties may oppose your trademark if they believe it harms their rights.
The application advances if no oppositions appear.
After the Notice of Allowance
The next steps depend on your filing basis.
For “In-Use” Applications
- Expect the Certificate of Registration about 11 weeks after the Notice of Allowance.
For “Intent-to-Use” Applications
- You have six months to file a Statement of Use or request an extension.
- The Statement of Use includes a specimen that proves interstate commerce use.
- You may request up to five extensions, each lasting six months.
An Intent-to-Use application with one substantive Office Action can take more than three years to complete. Note that the Statement of Use and any extension requests require the payment of additional USPTO filing fees.
Why You Should Start Now
Your brand identity matters from day one. The sooner you file your trademark registration, the sooner you announce publicly your claim to the use of your name, logo, slogan, or other mark. Even an intent-to-use application will “chill” the quiet potential conflicts arising from competing trademark applications as their applicants’ clearance searches will reveal your prior filing.
But you must file first to accomplish this. Not to mention the time-lag inherent in USPTO delay, backlog, and understaffing! Early filing strengthens your position, protects your name, and reduces business risk.
If you want to protect your trademark during the most important stage of your business, now is the time to begin.
Why Work with a Michigan Trademark Attorney?
Trademark registration is a “Federal” practice area. This means that, wherever you are located in the U.S. or elsewhere, a Michigan trademark attorney can assist you. Noble Path Legal PLLC serves trademark clients across the U.S. and makes it easy with virtual consultations, electronical document and filing systems, and, always, friendly and prompt customer service.
Interested in registering your trademark? Click the button below to schedule your initial conversation.