How long would it take to trademark?

Question

I want to protect a logo, I went to that legal zoom site and it said that it may take as long as 2 yrs. Thats a long time to wait.

Answer 1

Once the application is filed, the USPTO takes 10 to 18 months should the application mature to a registration. However, the filing date is the most important date, for if the mark is registered, protection dates back to the filing date. Our clients are promptly informed of all developments as they occur.

1. The Examination Process

Approximately four months after filing the application, an examining attorney at the USPTO reviews the application and determines whether the mark may be registered. If the examining attorney decides that a mark should not be registered, he will issue a letter (Office Action) explaining the reasons for refusal. The applicant must respond to any objections within six months, otherwise the application with be deemed abandoned.

The most common grounds for refusal is likelihood of confusion between the applicant's mark and a previously registered mark or that the mark is merely descriptive in relation to the applicant's goods or services.

Further (but less common) grounds of refusal include that the mark was determined to be primarily geographically descriptive, primarily geographically misdescriptive, a generic term, primarily merely a surname (Smith Apples), or a scandalous or immoral trademark. Examples of these types of trademarks are given in the next question, which describes the different categories of marks.

2. Publication for Opposition

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO. The USPTO will send a Notice of Publication to the applicant stating the date of publication. Any party who believes it may be damaged by registration of the mark has 30 days from the publication date to file a Notice of Opposition or a Request to Extend Time to Oppose. In the rare event of an opposition (only 3% of all marks are opposed), a proceeding similar to a trial is held to determine whether the opposition is based on valid grounds, such as the applicant's mark being confusingly similar to the opposer's mark. If no opposition is filed or the opposition is unsuccessful, the application matures to a registered mark or receives a Notice of Allowance.

3. Registration or Notice of Allowance

If the application was for a mark already used in commerce, the USPTO would register the mark and issue a registration certificate generally about four months after the date the mark was published.

If the mark was filed on an Intent-to-Use basis, the USPTO will issue a Notice of Allowance about four months after the date of publication. The applicant then has six months from the date of the Notice of Allowance to either (1.) use the mark in commerce and submit a Statement of Use or (2.) request a six-month extension of time to file a Statement of Use. If the Statement of Use is filed and approved, the USPTO will issue a registration certificate.

Answer 2

Yes, the USPTO does take quite awhile to grant registration. While there is just one main trademark application, there are two very different ways to fill it out.

If you are currently using the logo in connection with your goods/services in at least 2 states, you'd file as an In Use.

If you're not in business at all OR if you're only operating within one state, you'd file as an Intent to Use.

The latter sounds like your situation. This enables you to get the trademark process going while you work on launching your product and/or services.

Now, one important note, if you file as an Intent to Use, you MUST notify the USPTO once you start using the mark across state lines. The USPTO will NOT grant registration until you do so.

Basically, you cannot obtain registration until the mark is in use in at least 2 states.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 3

While the above explanation is good and detailed....wud like to add that it would be impractical for the logo and trademark applicants to wait for such a long time till they get a confirmation. The common practice is to apply for brand name/Logo/Font type registration and keep all the records of the first use of the same. For example the first time the brand name which is applied for was used commercially...cud be a purchase order, could be a supply receipt at warehouses....cud be a sale receipt to the consumer. It is always better maintain records of first use and start using a trademark