Introduction
Although not every trademark application is processed in the same manner, there are certain basic patterns that you may use to anticipate how long your application may take.
Approval from Application
Your USPTO trademark application might take anything from a few months to many years to be approved. The amount of time required is determined by the number of issues that occur during the inspection process, the rate at which new trademark applications are filed, and the number of existing trademarks in your industry.
All trademark applications filed to the United States Patent and Trademark Office (USPTO) must be approved. Since 1953, the USPTO has been part of the Department of Commerce and is headquartered in Alexandria, Virginia.
The time it takes the USPTO to approve a trademark application varies greatly. Depending on the intricacy of your application, it might take anything from a month to many years. The typical time is four months, although it might range from two to six months, or possibly a year or more.
Factors Influencing Registration Speed
The registration speed is affected by the following factors:
The trademark’s complication. The more complicated the mark, the longer it will take to register. A basic mark such as “SUN” may take less than a year to register, but an extremely detailed or imaginative word mark such as “LUCKY PIE” may take up to five years to register since examiners take longer to evaluate whether these types of marks are lawfully used as trademarks in commerce.
An application’s number of classes (international classes) and goods/services. As previously stated, each class has its own filing and examination fee; thus, applications containing multiple classes necessitate multiple payments from applicants as well as more time for processing by WIPO or USPTO IP Attorneys and Trademark Examiners before they can be approved for publication on WIPO’s website (or publication on TESS within 6 months).
The number of parties engaged in a request: In addition to formal requirements such as payment details being correctly filled out on an application form with all necessary information attached (such as proof of ownership), most applications require additional documentation depending on their nature—for example, one party applying on behalf of another party without permission would result in extra work being done by attorneys representing both sides; if there are multiple owners involved with each other’s rights over the property; and if there are multiple owners involved with each other’s rights over the property.
How long does it take to have an application approved?
The usual approval time is 8-10 months. This time span varies based on the type of mark and its complexity, as well as how many comparable marks are pending and how swiftly you answer to problems highlighted by the United States Patent and Trademark Office (USPTO).
The USPTO provides a variety of materials to assist trademark applicants, including “Trademark Basics” and “Trademark FAQs.” These are both useful resources for learning about what sorts of trademarks are eligible for registration as well as the overall procedure of filing a trademark application.
Understanding how the USPTO works and your alternatives will help you keep your procedure on track.
When assessing trademark applications, the USPTO follows a set of rules and processes. If you understand the regulations and processes, you will be able to better organise your application and guarantee that it is accepted on the first try. The more you understand about how the USPTO works and your alternatives, the more likely your application will be accepted.
The USPTO does not impose a time restriction on the processing of trademark applications. It is determined by the complexity of your application and the workload of the examining attorney. The typical time to have a new trademark approved is roughly 8-10 months, however this might vary depending on the type of mark and intricacy involved. If your mark is simple and there are no identical marks pending in the USPTO trademark search database, it may be granted sooner. When a trademark application is regarded confusingly similar to another pending application or existing trademark, it is one of the most typical causes for its denial.
This might happen whether you are submitting an international registration application or just staying at home in your own country. Coca-Cola, for example, has been fending against imitations from all over the world since its beginnings in 1886, but still faces these situations on a daily basis—even if they are merely little local firms without the ability (or money) to fight back. Another example is how many people confuse red bull with bull’s blood vodka, which really exist and was made by a group of Americans inspired by their travels around South Africa. If you wish to trademark a term, phrase, or logo, the first step is to look for comparable marks that are currently in use. This is accomplished through the use of the USPTO’s Trademark Electronic Search System (TESS), which is free to use online. You should also look for competing trademarks with the same or similar marks registered by other parties. a..
Conclusion
It is critical to note that the time it takes to approve a US trademark application varies greatly. If you need an estimate, we recommend speaking with an attorney who can walk you through the process and answer any questions you may have.
