September 14, 2023
If you’re a business owner looking to protect your brand, you’ve likely considered one key question: “How long does it take to get a trademark?”
At Mindful Counsel®, we know that this process can appear daunting, especially if you’ve never filled out a trademark application before. But don’t worry — that’s why we’re here! We’ve been doing this day in and day out for over two decades.
So in this blog post, we’ll help you start to decode this process so that you have a better sense of how long it can take to register a trademark, when you should start the process, and how a lawyer can be your biggest asset when going through the application.
Before going into the timeline of trademark applications, I want to make sure we have all our definitions clear. A registered trademark is a type of intellectual property that protects a recognizable symbol, design, or phrase on the federal level. It’s meant to safeguard your brand’s identity and differentiate it from others in the marketplace.
Now let’s get to the heart of the matter: The time it takes to secure a registered trademark.
Assuming you’ve already done a comprehensive knockout search first, the journey begins with filing out your trademark application. This will highly vary from person to person because we’re all human and tend to procrastinate on things that are challenging — and the trademark application can be quite challenging!
This is where an attorney can come in handy. We can complete your application submission with all the right classifications so you’re not at risk of making common mistakes and further delaying your registration.
When you contact us, this step typically takes about 5 to 7 business days. If you choose to go solo, you can also complete it within the same timeframe. However, we’ve had cases where clients had applications sitting in their drafts for over a year before reaching out to us!
After your application is submitted, it undergoes an initial review by the United States Patent and Trademark Office (USPTO). This stage typically takes about 6 to 8 months, and you can track the progress on the USPTO website. During this period, the USPTO examines your application for any errors or deficiencies.
It’s important to note that if the USPTO finds any errors with your application, the application fee is non-refundable. So you must start a new application and pay the application fee again. This is why it can be so valuable to work with a trademark attorney so you can mitigate any potential extra costs.
Once the examining attorney at the USPTO gives the green light on your application, your mark gets approved for publication in the “Official Gazette,” a weekly publication by the USPTO. Your mark will be available for public scrutiny for 30 days, and if there are no problems, your application will move to the next stage.
If your trademark clears the publication period without any opposition, you’re on the homestretch. The USPTO will then issue your registration certificate, usually within 2 to 3 months. Congratulations — your brand is now officially trademarked!
Saying everything goes according to plan and your timeframe falls within the average, obtaining a registered trademark can take 12 to 18 months.
In the world of trademarks, patience is a virtue. And our team at Mindful Counsel® is here to guide you every step of the way. We understand the complexities and potential pitfalls that may arise, and we’re dedicated to making your journey as smooth as possible.
Ready to safeguard your brand? Take the next step by booking a call with us! Let’s transform your business dreams into a legally protected reality!
Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. For personalized guidance on trademark registration, please consult with a qualified attorney.
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