How Long Does It Take To Register A Federal Trademark?
The process of registering a federal trademark with the USPTO can be time-consuming and complex, and the assistance of our trademark attorneys can be invaluable in ensuring a smooth registration for your Jacksonville business. The duration of the registration process can vary greatly depending on several factors, and it is difficult to provide a precise timeframe. However, a general estimation of the time it takes our trademark attorneys to register a federal trademark with the USPTO can be broken down into several stages.
Initially, our trademark attorneys will perform a comprehensive trademark search to ensure that the proposed trademark is not already in use or registered for similar goods or services. This trademark search process typically takes three (3) business days to complete, depending on the complexity of the search and the resources used. By engaging our trademark attorneys, Jacksonville businesses can benefit from our expertise in identifying potential conflicts and interpreting search results more accurately.
Once the trademark search has been completed and any potential conflicts have been addressed, our attorneys will assist in preparing and filing the trademark application. This stage will typically take a few days to complete, depending on the complexity of the application, and the time it takes our client to provide necessary information and materials.
Upon submitting the application, the USPTO will assign an examining attorney to review it, which can take between 8-10 months. The examining attorney will evaluate the trademark application for compliance with legal and procedural requirements. If any issues are identified, the examining attorney will issue an Office Action outlining the necessary changes or clarifications. The applicant, with our help of course, must respond to the Office Action within three (3) months. The time it takes to address the Office Action depends on the complexity of the issues raised and the responsiveness of the applicant with our trademark attorneys.
After the application has been approved by the examining attorney, the proposed trademark will be published in the USPTO’s Trademark Official Gazette for a 30-day opposition period. If no opposition is filed or if any opposition raised is resolved in favor of the applicant, the application will proceed to the next stage.
For trademark applications based on actual use of the trademark in commerce, the USPTO will issue a registration certificate once the opposition period has passed without issue. For applications based on intent to use, the USPTO will issue a Notice of Allowance, after which the applicant has six months to file a Statement of Use showing evidence of the trademark’s use in commerce. This period can be extended if necessary.
In summary, the entire process of registering a federal trademark with the USPTO, with the assistance of our trademark attorneys, can take approximately 10 to 14 months. The actual duration will depend on the complexity of the trademark application, the responsiveness of the applicant with our attorneys, and any legal issues or conflicts encountered during the examination and opposition process. Engaging our trademark attorneys can help your Jacksonville business streamline the process and increase the likelihood of a successful outcome.
