How Long Does It Take to Obtain a Trademark?

If you’re considering trademark protection for your business name, logo, or slogan, you may wonder how long it will take to obtain one. The trademark process isn’t instant–far from it–but with the right guidance, it’s absolutely manageable. Continue reading and reach out to Lemler IP to learn more from a seasoned New Orleans, Louisiana trademark lawyer. Here are some of the questions you may have:

What is the Trademark Process, and Where Does It Begin?

The journey starts with research. Before you even file anything, it’s crucial to conduct a thorough search to ensure your desired trademark isn’t already registered or in use by someone else in your industry. This phase, while technically optional, is highly recommended. A solid clearance search can save you months of wasted time and potentially thousands of dollars in legal fees.

Once your trademark appears to be unique and available, the application process begins. This involves submitting your application to the United States Patent and Trademark Office (USPTO), which then assigns it to a reviewing attorney. That initial review doesn’t happen overnight. In fact, it can take approximately 8 to 12 months before your application is fully examined.

What Could Slow Down the Trademark Timeline?

Several things. First and foremost, any mistakes or omissions in your application, or the discovery of earlier-filed pending Trademark Application(s) and/or Trademark Registration(s) that are considered confusingly similar to your Trademark and offer the same or similar goods and/or services can lead to an “Office Action,” which is essentially a formal request for clarification, correction, or presentation of arguments as to why your Trademark is different from the discovered earlier-filed pending Trademark Application(s) and/or Trademark Registration(s) and is still eligible for Registration. If you receive one of these, you (or your attorney) will need to respond, which can delay the process significantly. Even a simple fix might add weeks or months to the timeline.

Second, if someone else opposes your trademark after it’s published for public review, the process can be paused while that dispute is resolved. That’s why having an intellectual property lawyer on your side can be so helpful.

Additionally, the nature of your trademark (whether it’s used in commerce already or filed as “intent to use”) will also affect the duration. If you file based on intent to use, you’ll need to file additional paperwork later to prove actual use, which adds more time to the overall process.

Keep in mind that the issuance of an Office Action is very common in Trademark Applications, and that even if an Office Action has been issued, that does not necessarily mean that Registration of your Trademark is no longer possible.

When Can You Expect Full Trademark Protection?

Assuming everything goes smoothly, meaning no Office Actions, no oppositions, and all paperwork submitted correctly, most trademark applications take about 12 to 18 months from start to finish. While that might feel like a long time, keep in mind that federal trademark protection is a powerful legal tool. Once granted, it can give you exclusive rights to use your mark nationwide, which is well worth the wait.

Even before the trademark is officially registered, simply having a pending application on file can offer you some legal benefits, including a public record of your claim and potential grounds for action if someone tries to copy or infringe upon your brand.