You can learn more about Xavier here. Trademark Process Timeline Task Timeline USPTO reviews the application 4 - 6 months Responding to the Office Action unless there are no issues 6 months Publication period in the Official Gazette 3 months USPTO issues the certificate of registration 2 - 3 months Total Typically 13 - 18 Months If you add up the initial months to review the application, the 6 months for the response to the Office Action, the 3 months for the publication period in the Official Gazette, and the months for the issuance of the certificate of registration, you get a total of about months to get a trademark.
The Date of Filing To start off with, it should be noted that although the entire trademark registration process may take over a year to complete, a trademark applicant attains trademark protection from the moment that the application is filed.
Ready to Become a Trademark Owner? About the Author:. Xavier Morales, Esq. Protect Your Mark. Get the trademark protection you need for your business name, logo, or slogan. Or call us today You'll Speak directly with our founding attorney. Contact us today for a free consultation with a trademark attorney. Once you and your attorney are confident that your trademark does not conflict with any other pre-existing mark, the real substance of the process begins.
Standard procedure is a wait of three to four months before your application gets to an attorney — there are a lot of applications coming in , and only so many examiners to handle them.
The examining attorney will then conduct a thorough review the application. Your trademark lawyer will always determine to the best of his ability that no potential conflicts exist before submitting the application, but your chances of conflict are higher if you rely strictly on, say, a general search engine, or the baseline tools provided through the USPTO.
In the ideal situation — no conflicts with existing marks — your trademark will then move to the publication stage. This is a way of publicly announcing your pending mark, to open the floor to any objections — from anyone, trademark holder or not. Once your trademark makes it through the 30 day open dispute period, your mark is, for all intents and purposes, approved — the USPTO just needs to make it official.
If the name of the business isn't associated with its products or services, trademark protection will not be possible. If a business has a corporate name such as BizCorp, but uses a different brand, such as Stuff and Things, to promote its services, then only Stuff and Things will be eligible as a trademark.
As BizCorp isn't being used as a trademark then it cannot be protected. If you need help with registering a trademark, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site.
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