The registration process typically takes less than one year from filing the application to receiving registration on the principal register. Intent-to-use applications may take much longer before a registration number is granted because a mark will not be registered until it is first used in commerce.

Approximately three months after filing the trademark application, a trademark examiner will be assigned to your application. Over the next month, the examiner will review the mark for distinctiveness and search for conflicts with other federally registered marks. If the examiner finds a problem with the application, an office action will be issued to identify the problem.

If the examining attorney raises no objections to registration, or if the applicant overcomes the office action, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO. After the mark is published in the Official Gazette, any party who believes it may be damaged by registration of the mark has 30 days from the publication date to file either an opposition to the registration or a request to extend the time to oppose. The publication period lasts approximately 2-3 months.

If the application is not opposed during the 30-day publication window, the USPTO will issue a registration number for a 1A (in-use) application and a notice of allowance for 1B (intent-to-use) applications. For intent-to-use applications, the applicant must submit a statement of use or an amendment to allege use before the USPTO will issue a registration.

Trademark registration may issue in less than 7 months if there are no office actions or third party objections; however, problems with the application or delays in using the mark may cause the registration process to take well over a year. If you have any questions regarding the registration process, call The Trademark Source at (844) 413 – 1711.