When it comes to registering your brand, the question that comes to mind first is: how long does it take to obtain a trademark? The reality is that the process is not immediate; however, being aware of the steps and the time plan can help instruct you in creating a plan. We constantly inform clients at Trademark Angel that when it comes to registering and securing rights, patience is always rewarded.
Timing is of the Essence of Trademark Registration
By the time you submit the trademark registration application, you have established the foundation to safeguard your business identity. The clock begins to run as soon as you apply, but the process can take months and even years, depending on where you are and if any objections arise along the way.
The average duration in the US is 12-14 months, but it may be longer depending on your case. This is why it is better to see the steps before you take the leap.
What Happens After You Apply
The following is usually what happens when you submit a brand name registration application:
- Application Review – The trademark office reviews your application to verify its accuracy.
- Examination – An examiner conducts a trademark search to determine if there are any conflicts with existing trademarks.
- Publication – Your trademark is published for opposition purposes.
- Allowance – if the application was filed on an intent to use basis, you will have to submit Statement of use and show evidence of use of your mark in the US before your trademark registers.
- Registration – If the application was filed on the actual use basis in the US, then it goes straight to registration if there are no oppositions.
Once statement of use is accepted your trademark is registered.
All stages may increase the time interval by weeks or months; that is why there are no two timelines.
Can You Register a Trademark Online Faster?
The question many people will ask is whether it is quicker when it is filed online. When a trademark is registered online, the registration process is usually expedited because the documentation is completed electronically. However, the whole review and approval process is still time-consuming.
The process of online filing is more convenient and, in most instances, more straightforward; similarly, the examination and approval process is also straightforward. Although online filing is more convenient and often easier, the inspection and approval cycles remain unchanged.
What to Do to Keep on Track while Waiting
During the waiting time, you can increase the chances that your application will not experience unnecessary delays by:
- Double-check your application for errors before filing.
- Do a comprehensive trademark search before filing to avoid conflicts.
- Act promptly if the trademark office requires clarification.
Being proactive will help you prevent unnecessary back-and-forth that may lengthen the process.
FAQs About Trademark Timelines
Q. 1 How long does the US take to grant a trademark?
Typically, it takes between 12-14 months, although it may be longer or shorter, depending on your specific circumstances.
Q. 2Â Is brand name registration a protection in itself?
When your trademark is officially registered, your rights commence. However, filing a trademark applications provides you with a pending status that could be beneficial in a dispute.
Q. 3Â Is brand registration and copyright the same thing?
No: names, logos, and slogans are registered as a trademark, while creative works like books, songs, and designs are registered as copyright.
Obtaining a trademark is a lengthy process, but it is worthwhile to secure your brand’s future. With proper preparation and suggestions by Trademark Angel, you can navigate the process smoothly and confidently.