Many clients want to know up front how long it will take to obtain a trademark registration. Time and money are big factors in most business decision-making scenarios, and this is no different. The time it takes to obtain a trademark registration can vary dramatically. But there are several things about the time it takes to register that you should consider.
You should be aware that your trademark filing date is the most important date. Your registration date is important for filing your trademark renewals, but the filing date saves your place in line. Once you file your application, you have priority over similar trademark filings that occur after your filing date. That is why you will want to file as soon as possible. And even if you are not using the mark, you may want to file your application on an Intent to Use basis.
So if you are thinking about filing your trademark application, but are worried about how long it will take… Don’t be worried. The best thing you can do is file as soon as you are ready. Even if your trademark application faces scrutiny from the Examining Attorney and/or a trademark opposition, the additional time it takes to resolve those issues does not matter. Even if it takes your trademark application five years to register, your rights will still date back to the trademark application filing date. Not filing because you are worried about how long it will take to obtain a registration is really counterproductive.
Having said that, you shouldn’t rush to file for a mark that you haven’t researched. Take the time to do a trademark search to make sure your chosen mark is available. You also should not rush to file an application on a mark you don’t think you will be using within the next couple years. But filing early does give you priority over similar marks with a later application filing date.
So how long does it take to obtain a federal trademark registration? Well, once your application is filed, the Trademark Office will not review it for three to four months. In the ideal scenario, the Examining Attorney does not issue an office action, and an opposition is not filed against your application. In that case, it normally takes around nine months to obtain your registration. Office actions and oppositions can add months, and sometimes even years to the process. The trademark search helps to determine whether your application is likely to face these obstacles.
Are You Ready to File Your Trademark Application and Begin the Registration Process?
If you would like to get started on your trademark application, or still have concerns about the amount of time the trademark registration process takes, please feel free to call me at (314) 479-3668, email me at firstname.lastname@example.org, or complete the contact form found on this page to schedule your free initial consultation today. I look forward to speaking with you.