How Long Does It Take to Get a Trademark?

Key Takeaways

• Most federal trademark applications take 12–18 months to complete, though some may extend to two years.
• The USPTO assigns an examining attorney about 3 months after filing, and the overall pendency averages around 9–12 months.
• Delays can occur due to Office Actions, opposition proceedings, or international filings.
• Applicants can speed up the process with thorough research, strong applications, and professional legal help.
• The effective date of protection is the filing date, even if registration is finalized later.

How long does it take to register a trademark? This is one of the first questions people ask when considering protecting their brand.

Applications for federal trademarks must be submitted to the United States Patent and Trademark Office. The USPTO website explains that the complexity of the process makes time-scales difficult to predict. While some registrations are completed within a year, some do take years to finalize. The average time from filing to completion (known as pendency) is 9.5 months, according to the USPTO's own records.

Some of the factors that will affect the speed with which an application is processed include:

• The level of experience of the examiner overseeing the process
• The quality of the application itself
• The use of relevant software allowing applicants to receive updates from the USPTO
• The likelihood of issues that need addressing with descriptive research such as demonstrating the use of the mark commercially or resolving conflicts

It usually takes between 12-18 months for a trademark to be registered, with some cases stretching to 2 years. The length of the process does not affect the ‘effective' date of registration which will be the original filing date.

Who Can Apply for a Trademark?

Trademark protection will only be an option for businesses whose names operate as a trademark rather than just a way to identify the business. The trademark can be both, as in the case of Nike, Inc. which is known as both a manufacturer of shoes and the trademark of the shoes themselves.

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.

Factors That Affect the Trademark Timeline

The length of time it takes to register a trademark depends on several variables. While the USPTO outlines a general process, each application is unique. Some key factors that can extend or shorten the process include:

• Completeness of the application: Missing information or vague descriptions can cause delays.
• Trademark conflicts: If your mark is similar to an existing one, the examiner may issue an Office Action requiring clarification or proof of distinctiveness.
• International elements: Applications filed through the Madrid Protocol or involving foreign applicants may face additional processing time.
• Oppositions: Third parties can file objections after publication, which may add months to the timeline.
• Backlogs at the USPTO: Processing times can fluctuate depending on examiner workload.

Ways to Speed up Your Trademark Application and Registration

• Do thorough research into your trademark to identify possible conflicts
• Make your application as strong as possible
• Use a specialist IP attorney – doing it yourself is a false economy
• File as soon as you can, even before you have started using it commercially

Expedited Options for Trademark Applications

While there is no guaranteed way to skip the review process, certain strategies may accelerate your application:

• TEAS Plus vs. TEAS Standard: Filing under TEAS Plus requires stricter upfront compliance but often moves faster because it reduces examiner questions.
• Intent-to-use vs. use-in-commerce: Submitting specimens early in a use-based application can streamline approval.
• Petition to make special: Rarely, applicants may request expedited review if there are urgent circumstances, such as pending litigation or clear evidence of infringement.
• Monitoring status online: Regularly checking the USPTO Trademark Status and Document Retrieval (TSDR) system ensures that deadlines aren’t missed.

Trademark Timeline

1. The process begins when you file an application with the USPTO.
2. Applications will be examined by an attorney who will be assigned within three months of filing. They will ascertain that the application has been completed fully and check for any issues which could prevent it from being approved.
3. If there are any issues, the examiner will issue an Office Action, usually within a month of the examiner being assigned.
4. If you receive an Office Action, you will need to respond within six months to keep your application active. Failure to do so will result in your application being deemed ‘abandoned' and you will have to start the process again.
5. The examiner will either accept your submission or issue a second or final Office Action within 1-2 months if your response is unsatisfactory which will need a response within six months.
6. In the event that you receive a final Office Action from the USPTO, you can ask for it to be reconsidered or file a Notice of Appeal with the Trademark Trial and Appeal Board.
7. Within 1-2 months of all Office Actions being resolved, your application will be published in the USPTO's Official Gazette to allow objections from third parties who have 30 days to oppose your mark.
8. If there are no objections, or if they are resolved, then your mark will be federally registered with the USPTO within 2-3 months and you will receive your Certificate of Registration. If you aren't already using your mark, you will receive a Notice of Allowance, meaning that you will need to file a statement of use within six months to complete the registration process.
9. Between the fifth and sixth year after registration, you will need to make a Declaration of Continued Use to show that you are still using the mark. You will need to do this again between the ninth and tenth year including an Application for Renewal to prevent cancellation of your trademark.

What Happens After Registration?

Trademark registration isn’t the end of the process. To keep your registration active, you must comply with ongoing maintenance requirements:

• Between the 5th and 6th year: File a Declaration of Continued Use (Section 8).
• Between the 9th and 10th year: File a combined Declaration of Continued Use and Application for Renewal (Sections 8 & 9).
• Every 10 years thereafter: Continue filing renewals to maintain protection.
• Monitoring for infringement: The USPTO does not enforce trademarks—owners must monitor and take legal action to protect their rights.

Frequently Asked Questions

1. How long does it take to get a trademark approved?
   Most applications are approved within 12–18 months, though simple cases may finish in under a year.
2. Does my trademark protection start at filing or approval?
   Protection is retroactive to your filing date, even if registration takes longer.
3. Can I speed up the process?
   Yes, by filing a complete application, avoiding conflicts, and using TEAS Plus, you can minimize delays.
4. What happens if my trademark is opposed?
   An opposition proceeding can extend the process by several months or more, depending on the dispute.
5. Do trademarks expire once registered?
   They do not expire if you keep filing renewals every 10 years and continue using the mark in commerce.

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