Trademarks Registration Process In The United States

Trademark applicants usually want to know how much time it takes to get a trademark registered. The extent of the Trademark registration application procedure is based upon three key factors, each of which is controlled by a diverse party:

• Filing basis
• Rejections/Office Actions
• Oppositions

For a trademark application based on actual use in commerce or a foreign registration, the time from original filing to registration might take six to twelve months if there are no Office Action denials and no oppositions.

Filing Basis Decided by the Applicant

Among the above three factors, the filing basis is the one domain within the control of the applicant. The applicant can come to a decision whether to file the application based on actual use or an Intent-To-Use. Typically, use-based applications develop into registrations faster than ITU applications as the applicant has submitted the necessary proof of trademark usage upfront.

An ITU application, in contrast, offers the applicant with extra time to show usage of the Online TrademarkRegistration.  Assuming an ITU application is legitimate, an ITU applicant might have up to three years from the date of the Notice of Allowance to file a Statement of Use with apt specimens of trademark usage.

If you wish for the advantages of an ITU application without the setback, you do not have to wait for the Notice of Allowance to submit your proof of trademark usage. Rather, you can file an Amendment to Allege Use as soon as your product or service is suitably sold in link with the applied-for trademark so long as your application has not yet been approved for publication.

Owners of foreign registrations for the precise same mark can also comprise a foreign registration filing basis.

Oppositions Filed by Third Party Trademark Owners

Even if the review process of USPTO goes smoothly and your trademark is published promptly for opposition, you might still encounter opposition by a third party trademark owner who believes your mark should not be listed. At times, a potential opposer might file an extension of time to contest your application which can draw the procedure by a couple more months until they come to a decision whether or not to file a Notice of Opposition with the Trademark Trial and Appeal Board.

Time Required Registering a US Trademark

The fastest path to a Trademark Registration Service would be a mark depending on actual use or a foreign registration that does not come across any oppositions or Office Actions. Such a mark could establish into a registration within six to twelve months from the filing date.

The duration of the trademark application procedure may be postponed or extended because of a number of factors. The USPTO reviews trademark applications and determines whether an application meets the needs for federal registration. You can also set up rights in a mark based on lawful use of the mark. 

Remember that federal registration is not valid outside the United States. But, if you are a competent owner of a trademark application pending prior to the USPTO, or of a registration issued by the USPTO, you may look for registration in any of the countries that have joined the Madrid Protocol by filing a single application known as international application.