File a trademark application as soon as you have a name, slogan, logo, or phrase for your product or service, as final approval can take up to a year.

You've probably heard about the right to a speedy trial. Is there, nevertheless, a right to a quick trademark? Hardly. A trademark application might take a few months to many years to be authorized by the United States Patent and Trademark Office (USPTO).

Here are some insights into the process and some pointers to make it run more smoothly.

File Right Away

Don't wait to file an application with the USPTO after coming up with the right name, slogan, logo, or phrase for your product or service. Because trademark applications are processed on a first-come, first-served basis, the sooner your trademark application is received, examined, and authorized, the sooner your trademark is legally protected against rivals' usage.

Get Pending Trademark Protection

Even though the full trademark registration procedure might take more than a year, you will get trademark protection as soon as your application is filed. If you are finally awarded a federal trademark registration, your rights will return to the day you file the application.

Expect a long time for your application to be processed by the USPTO. While a trademark search and completing an application may be done in a few days (and is reasonably affordable), the evaluation and ultimate trademark approval process take time.

After You File Your Trademark Application

Three steps remain in the procedure after you do a trademark name search and submit your application.

1. Your application is reviewed by a USPTO examining attorney.

The USPTO will appoint an examining attorney to examine your trademark application thoroughly. Because the USPTO receives hundreds of thousands of trademark applications each year and only has a limited number of examining attorneys, it will take an average of four months for your application to be reviewed.

Before final approval and trademark registration, you may be asked to answer questions from the examining attorney. This usually slows things down.

If the examining attorney determines that a trademark should not be registered, the USPTO will issue an official letter, known as an "office action letter." The examining attorney will explain why your trademark was denied in the letter.

For example, the proposed trademark might be rejected if it is too close to an already registered trademark. Alternatively, the application may not appropriately define or identify the items or services provided by your organization. Before the review and approval process may proceed, any issues noted in the letter must be reedited.

You have six months to reply to an Office maction and correct any problems. The application will then be regarded as abandoned, and the procedure will conclude.

1. Your trademark is published in The Trademark Official Gazette.

If the examining attorney is satisfied with overcoming any objections, your trademark will be accepted for publication in The Trademark Official Gazette, the USPTO's weekly publication.

Any person who feels that the approval of the trademark would cause injury or prejudice may register an objection or request an extension of time to file an opposition within 30 days of the publication date.

If an opposition is submitted, a hearing will be held to determine whether the objections are valid. If no objection is made or the opposition is overturned, the application moves on to the next stage.

2. Your trademark is issued.

If your trademark were already being used in commerce when granted, the USPTO would give you a registration certificate or a notice of allowance (NOA) if your trademark was the product of an intent-to-use filing.

Approximately four months after the trademark is published, you will obtain a registration certificate. The NOA takes roughly four months, although there are a few more phases.

The NOA certifies that your trademark has survived the opposition period following its publication in the Official Gazette and has been granted registration; nevertheless, it does not imply that the trademark has been fully and permanently registered.

If you filed your trademark with the intent to utilize it, you must still file a statement of use to prove that you are selling goods and/or services under it. A statement of use is a USPTO official document that may only be filed once a company has begun to utilize a trademark. This regulation prohibits parties from just registering a trademark to secure it; the brand must be utilized in commerce. You can display a trademark on products, packaging, or other marketing materials to establish its usage in commerc.e

While there are ways to speed up the trademark registration process, you should expect your trademark to be authorized in 10 to 18 months.