Key Takeaways

  • Expedited trademark applications are rare and require a valid legal reason such as infringement, litigation, or international registration needs.
  • A Petition to Make Special is the primary method to request faster examination, but it's subject to strict USPTO criteria.
  • Alternative strategies—such as accurate filing, responding promptly to Office Actions, and choosing the right filing basis—can also help speed up the process.
  • International trademark filings under the Madrid Protocol may require expedited U.S. registration.
  • Trademark opposition can significantly delay your registration; monitoring and professional assistance can help navigate it effectively.
  • Legal guidance can maximize your chance of success in getting a trademark fast.

Getting an expedited trademark is a way to shorten the length of your trademark application, which can normally run 8-12 months from the time of filing to completed registration. The length of this wait can seem like an eternity for many businesses.

There are limited circumstances in which a trademark application can be expected to allow for the registration process to be completed significantly faster. Under normal circumstances, the United States Patent and Trademark Office will process each application in the order it receives them unless you are granted a special circumstance that allows for expedited processing. The petition to grant the expedited service requires a $100 fee.

Ways to Accelerate the Examination of Your Trademark Application

To file for an expedited examination of your application, you must file a Petition to Make Special with the USPTO after you file your application but before the beginning of the initial application. When filing your petition, you will want to make sure to include:

  • A statement of the facts as to why your application should be considered for special treatment.
  • Facts that demonstrate the possibility of trademark infringement, litigation issues, or requiring U.S. registration to gain a foreign trademark registration.
  • Evidence that the applicant will suffer a loss if the application is not processed faster.

It is essential to remember that situations or circumstances that would apply to a broad number of companies will unlikely be sufficient for the USPTO to grant special circumstances.

Additional Strategies to Get a Trademark Fast

Even if your circumstances don't qualify for a Petition to Make Special, there are still effective strategies to help expedite your trademark application:

  • File a TEAS Plus Application: The USPTO offers three trademark application types. TEAS Plus has a lower filing fee and fewer Office Actions if completed accurately, potentially leading to a faster approval timeline.
  • Ensure Accuracy from the Start: Double-check your application for errors in ownership, mark description, or goods/services classification. Mistakes can cause delays or outright rejections.
  • Respond Quickly to Office Actions: If the USPTO issues an Office Action, timely and thorough responses are essential to keep the process moving.
  • Use Clear and Distinctive Marks: Marks that are suggestive, arbitrary, or fanciful are less likely to face rejections or opposition than descriptive ones, which often require additional proof of acquired distinctiveness.
  • Monitor Your Application: Set up alerts to monitor the USPTO database or work with an attorney who will do so for you. Catching potential issues early can minimize delays.

Things You May Need to Consider Before Filing a Petition to Make Special

Just because you want your application to be processed faster does not mean that it should be. Filing a Petition to Make Special should be a judgment call made after weighing the facts and making a sound decision. When making your decision, you should always determine if filing will be advantageous when all factors were taken into consideration. Before making a final decision regarding filing, you should answer the questions:

  • Do you have the additional budget to pay for expedited filing?
  • Do your evidence and circumstances likely warrant a special situation?
  • Has litigation regarding your trademark begun?
  • What burden of proof do you have associated with your trademark?
  • Is the trademark highly suggestive or descriptive?
  • How long have you been using the trademark?

When determining whether you have the funds to expedite, you should also decide if the expedited process is worth the additional expense. Additionally, if there are factors in your petition that may make denial likely, it is probably best to save funds for another use.

It is also important to note that if the trademark is descriptive or highly suggestive, there may need to be additional evidence submitted to prove that it is distinctive, which can be an extra added expense.

When Is Expedited Processing Most Likely to Be Approved?

The USPTO typically considers the following circumstances as justifiable reasons to grant a Petition to Make Special:

  • Active Trademark Infringement: If your brand is already being infringed upon, the USPTO may fast-track the application to support potential enforcement.
  • Pending Litigation: If your trademark is involved in ongoing legal proceedings, expedited processing may be granted to resolve uncertainties.
  • International Filings (Madrid Protocol): If a U.S. registration is needed to meet a deadline under the Madrid Protocol for international protection, the USPTO may allow special handling.

While even approved petitions may only reduce the timeline by a few months, in urgent cases, this can be a critical advantage.

The Trademark Opposition Process

There is a specialized legal proceeding that asks the question of whether or not your trademark should be allowed to be registered. This process is called the trademark opposition process. It is essential to understand the process as many smaller businesses will mistakenly assume that they will inevitably lose against a large corporation.

Statistically, only about 1 in 1,000 trademarks will go to any type of specialized proceeding before the Trademark Trial and Appeal Board. Yet, if you are faced with opposition to your trademark, it is best to weigh your options and determine whether or not possible legal proceedings are worth the trademark.

How Trademark Opposition Process Works

During the pre-grant stage of the trademark approval process, the trademark will be published for everyone to see. Other brands will regularly monitor these releases to make sure there is no potential threat to their trademarks.

If the company feels that your trademark is too similar to theirs, they are likely to file an opposition to your application. There are two categories that grounds for opposition can fall under:

  • Absolute Grounds: Under these grounds, the opponent feels they would be able to prove deceptive misdescriptiveness, genericness, inappropriate usage, or fraud.
  • Relative Grounds: Under the opposition of relative grounds, the opposing party believes that they can prove that an inappropriate usage is possible, due to confusion with a similar trade name already in use.

An opposition can be filed from one to three months after release, depending on the jurisdiction of the filing

How to Avoid Trademark Opposition Delays

Avoiding opposition can be one of the most effective ways to register a trademark fast. Here are steps to reduce the risk of an opposition:

  1. Conduct a Comprehensive Trademark Search: Before filing, perform a thorough search for similar marks in the USPTO database and in common law usage to avoid infringing on existing rights.
  2. Choose a Unique Name: The more distinctive your mark, the less likely it is to face opposition. Generic or descriptive marks are more vulnerable to challenges.
  3. Avoid Major Competitor Conflicts: If your brand name is similar to a known company’s mark, even if in a different industry, it may invite opposition.
  4. Hire a Trademark Attorney: Legal professionals can help assess your risk, conduct advanced clearance searches, and avoid common mistakes that invite disputes.

Frequently Asked Questions

  1. Can anyone request a fast trademark application?
    No, only those who meet specific criteria—such as facing infringement, being involved in litigation, or needing international protection—can request expedited examination.
  2. How long does it take to get a trademark fast?
    Even with expedited processing, the fastest realistic timeline is around 5–6 months. Normal processing takes 8–12 months.
  3. What is the Petition to Make Special?
    It’s a formal request to the USPTO asking for expedited review, typically due to urgent legal or commercial needs. A $100 fee applies.
  4. Will a TEAS Plus application help me get a trademark faster?
    Yes, TEAS Plus applications can reduce delays due to their structured format and lower risk of Office Actions if filled out correctly.
  5. Do I need a lawyer to expedite a trademark?
    While not required, an experienced trademark attorney can help ensure your petition meets USPTO requirements and avoid costly delays. You can find a qualified attorney through UpCounsel.

If you need help with getting an expedited trademark, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.