Many of my clients are surprised to learn that the U.S. trademark registration process can take from six to eighteen months to be completed. In today’s fast paced economy many of my clients want to know if there is a way to expedite the US trademark registration process.
Unfortunately there are no expedited fees that can be paid to make the U.S. trademark registration process move any quicker. The fact is that every U.S. trademark application must be reviewed by a trademark examining attorney with the United States Patent and Trademark Office (USPTO). Because of the large volume of trademark applications received by the USPTO it generally takes four months just for the US trademark application to reach a US trademark examining attorney. Once the examining attorney reviews the U.S. trademark application, if he/she does not have any problems with the proposed U.S. trademark registration, then the trademark application must go for a thirty day period of public comment. It is only after this period of public comment closes can the U.S. trademark registration be issued.
Therefore, a successful U.S. trademark registration can be accomplished in as little as six months, however, many U.S. trademark applications require additional steps. For example, the trademark examining attorney may require additional clarifications on the application. Or, the attempted US trademark registration may be rejected on one of many grounds. A trademark rejection may always be appealed, however, this adds multiple months to the process.
To ensure that a client’s US trademark registration attempt avoids these pitfalls, I generally encourage clients to complete a comprehensive trademark search to ensure that the trademark application will not be rejected based on a pre-existing similar trademark. In addition, I highly recommend clients follow my advice on the completion of their U.S. trademark application to ensure the process goes as smoothly as possible. At the end of the day, the US trademark registration process affords clients great protection on their trademarks, it just requires the patience of Job.
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