Trademark Process

Overview of U.S. Trademark Registration Process and Timing

This overview of the trademark registration process and timing is intended to provide business owners, managers and in-house counsel with general information about the trademark registration process in the U.S. and the timing they can expect.

It is a very general overview of a typical registration process. There are a large number of possible variations that may affect you. You should consult an attorney for legal advice if you have questions about your particular situation.

Step 1: Pick a (Proposed) Trademark

Step 2: Trademark Search

Perform a preliminary trademark search and possibly a comprehensive trademark search for the proposed mark.

Expected Time: 2 days for preliminary search; additional 5-7 days for comprehensive search

Step 3: Trademark Application

Prepare and file a federal trademark application.

Expected Time: 2-3 days

Step 4: Processing of Application

Trademark Office examiner reviews application and advises whether it will be accepted or refused. Minor technical amendments are often required, such as changes to the wording of the goods and services identification. Occasionally there are substantive refusals, such as descriptiveness or likelihood of confusion.

Expected Time For Initial Review by Examiner: 4-6 months

Step 5: Publication

After any examiner refusals have been resolved, application is published for opposition by the United States Patent and Trademark Office. Other trademark owners have an opportunity to oppose the application. If no oppositions are filed, actual use applications move forward to registration; a Notice of Allowance is issued for Intent to Use applications.

Expected Time: 3 months

Step 5a: Statement of Use

For Intent to Use applications, a Statement of Use along with evidence of use of the mark must be filed before the registration certificate will be issued. The initial deadline for the Statement of Use filing is six months after the Notice of Allowance. Up to five six-month extensions of this deadline can be obtained.

Expected Time: 6-36 months

Step 6: Registration Certificate Issued

Expected Total Time for Typical Registration Process: 12-18 months