How Long Does It Take To Register a Trademark?
Protect Your Brand
Instant Results and Analysis. Easy-to-use.
In the United States, the time elapsed from filing a trademark application to the issuance of a registration can be as little as seven months or as long as four years or more. The USPTO takes, on average, a little over ten months to take an average application from filing to the issuance of a registration, notice of abandonment, or notice of allowance. The major variables are:
The filing basis. Applications filed based on only a claim of use in US commerce tend to be processed the most quickly, since the Examining Attorney has all the information necessary to review whether registration is appropriate. Applications filed on an intent-to-use basis are reviewed by the UPSTO are “allowed” after substantive examination and publication for opposition, and the applicant is granted 6-month periods (with up to five extensions available) to amend to claim use. Applications based on foreign filings and applications filed through the Madrid Protocol, an international trademark treaty, have slightly different timelines. Graphics showing timelines for use-based and intent-to-use based applications, courtesy of the USPTO, are shown below.
Whether there are substantive issues. The most common cause for slow-downs are when the Examining Attorney raises substantive issues with the application, included in an “Office Action.” For more information about common examination issues, you can view our guide here.
Oppositions. Opposition proceedings at the Trademark Trial and Appeal Board are a form of administrative litigation, complete with the usual pleadings, discovery, briefing, and so forth. Needless to say, none of this is fast. Contested proceedings that are not settled can take years, and even getting decisions on contested motions can take eight weeks or more.
Use-based application timeline
Intent-to-use based application timeline
For up to date figures on trademark prosecution processing, you can visit the USPTO Data Visualization Center’s Trademarks Dashboard; for up to date figures on trademark administrative dispute processing, you can visit the USPTO Data Visualization Center’s TTAB Dashboard.
Internationally, prosecution times can vary widely. In some countries, like Belgium or Denmark, registrations can be obtained in just weeks; in other countries, like Brazil and India, applicants often face considerable delays.
- What Jurisdictions Are Available for Searching?
- What Is a Trademark?
- What Factors Go Into Picking a "Good" Trademark?
- How Much Are Trademarks Worth?
- What Is the Difference Between a Trademark, a Copyright, and a Patent?
- How Do I Get Trademark Protection?
- Why Should I Do a Clearance Search for a Trademark?
- What Is the Benefit of Registering a Trademark With the USPTO?
- What Is the Cost To File a Trademark Application?
- What Is an International Class In a Trademark Application?
- What Are Goods and Services In a Trademark Application?
- What Does an Examining Attorney Look For When Reviewing a Trademark Application?
- When Is There a Likelihood of Confusion Between Two Marks?
- What Is an Acceptable Specimen of Use?
- What Is the Difference Between the Principal Register and the Supplemental Register?
- How Long Does It Take To Register a Trademark?
- How Long Does a Trademark Last?
- What Is the Madrid Protocol?
- What Is the Nice Agreement?
- What Is the Paris Convention?
- How Do I Properly Use My Trademark?
- How Do I Protect My Trademark?
- What Trademark Symbol Should I Use?
- What Is Trademark Infringement?
- How Do Trademark Rights Relate to Domain Names (and What Is a UDRP)?
- How Do Trademark Rights Relate to Business Name Rights?
- How Do I Form a Business Entity?