When you’re seeking trademark protection, it’s a good measure to clearly know everything about the trademark filing timeline. It generally takes somewhere between 12 to 18 months for registering a trademark with the USPTO. The whole trademark registration process involves different stages of the trademark application process which make up the trademark filing timeline. The timeline depends not only on different stages but also on the filing basis you select in your application. You should be aware of all the deadlines and response times so that the entire procedure goes smoothly.

This article explains the entire trademark filing timeline in great detail.

Also Read: Process Involved in IP India Trademark Filing

Trademark Filing Timeline- The Filing Basis

The timeline of your trademark application will differ according to the filing basis, i.e. the article under which you file. Each article has its own set of criteria that needs to be met in order to file under that particular article. We shall explain each one below.

Section 1(a)

This comes into play when you are currently using your trademark in commerce with your goods and/or services. The timeline varies from about 7 months to as long as nearly 2 years. Let’s take a look at each step through this flowchart.

Trademark Filing Flowchart

Application Filing

The very first step is to file your application. Over a period of 3 months, the USPTO reviews it and takes action accordingly.

USPTO Review

The USPTO either approves and publishes your trademark or issues an Office Action within 1 month.

Publication of Trademark

If the USPTO approves your trademark, it will publish it in the Trademark Official Gazette (TMOG).

NOTE: Publication is not registration.

Office Action

If the USPTO has any objections against your application, then it will issue an office action in the form of a letter. You will have a time period of 6 months to respond to it in the form of First Office Action Response. The USPTO reviews it over a period of 1-2 months. If you clear the objections, then the USPTO publishes the application. Otherwise, the USPTO issues a Final Office Action. The time limit to respond to it is the same as the First Office Action.

Trademark Registration

After the USPTO publishes your trademark, it waits for 30 days for anybody to raise objections against it. If the application doesn’t face any opposition, then the USPTO officially registers the trademark after 3 months. It will be valid for 10 years.

Declaration under Section 8

Before the end of the first 6 years of the registration, you must file a declaration under Section 8. This states that your trademark is still in commercial use along with evidence.

Renewal under Section 9

Before the end of the 10 years of your trademark’s validity, you must file for renewal under Section 9. This is done along with another declaration under Section 8, with the same requirements to get the trademark renewal.

Also Read: 5 Key Trademark Benefits

Section 1(b)

Applicable when you have a genuine intention to use your trademark in commerce with your goods/services in the near future. The trademark filing timeline remains largely the same as the one in Section 1(a). The difference comes after the USPTO publishes your application in the TMOG. Instead of registering the trademark after 3 months, it issues a Notice of Allowance. The timeline from that point is given below:

Foreign Applications

You may want to register a trademark in the US on the basis of a foreign application/trademark. You can read up about their trademark filing timeline here and follow the hyperlinks for more information on the same.

Also Read: Trademark Registration Fees: Know All the Costs

Need assistance with your Trademark Filing? – The Trademark Filing Company

So, it is absolutely crucial to secure the necessary protection for your brand by registering a trademark. Moreover, the trademark filing timeline is full of delicate deadlines and each step requires clear and concise delivery of the requirements. Therefore, if you wish to take professional aid, The Trademark Filing Company can help you. We focus on protecting your business identity from copycats. Our expertise lies in providing gold-standard trademark data and our team boasts years of experience in trademark filing. We are aware of the latest rules and guidelines that exist in the trademark laws. We’ll ensure that your trademark application adheres to them. However, we don’t stop there. You cannot worry about your trademark 24/7, so you can also use our trademark monitoring services.

To make an inquiry, visit us at The Trademark Filing Company.

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