US Trademark Registration Time
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If you’re considering registering a trademark, you may be disappointed to learn that trademark registration doesn’t happen instantly. How long does trademark registration usually take in the United States? It takes a minimum of several months, but may take years to register a trademark.
Although trademark registration is never quick, there are steps you can take when you apply for a trademark that will increase the chance that you’re getting a trademark in months, not years. It’s all a matter of doing thorough research, taking the time to prepare a strong and complete application, and responding promptly to any concerns. Here’s a guide for how to get a trademark registered as quickly as possible.
Choose a Strong Mark
Not every name, symbol or sound is eligible for trademark protection. If you choose a weak mark, you’ll likely receive an Office action and your registration will be delayed or denied.In general, the more distinctive your mark is, the easier it is to trademark. For example, if you want to trademark a business name, you can get trademark protection for a made-up name (like “Microsoft”), an existing word that’s usually not associated with your product or service (like “Apple” computers), or a name that suggests something about your product or service without actually naming it (like “Greyhound” buses).
Begin Using Your Mark in Commerce As Soon as Possible
When you file your application, you’ll have to choose a filing basis: “use in commerce” or “intent to use.” If you are currently using your mark, you can file under the use in commerce basis, and you’ll have one less step to complete before your mark is registered.If you are not yet using your mark, you’ll have to file under “intent to use.” At the end of the registration process, you’ll receive a Notice of Allowance, but your mark will not be officially registered until you file a Statement of Use and submit a specimen of your mark. You’ll have six months to file a Statement of Use, but that time period can be extended.
Submit a Complete and Accurate Trademark Application
You may also receive an Office action if there’s a technical or procedural problem with your application. For example, you may have improperly identified the goods or services that are associated with your mark, or you may not have submitted an acceptable specimen of your mark. While these sorts of problems are relatively easy to remedy, they do slow down the process.
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