How Long does it take to Trademark a Name

Introduction

Trademarking a name or brand is a long process that involves multiple steps. Understanding the time frame involved and how to get started is vital to protecting your intellectual property.

Steps to Register a Trademark

The first step to registering your trademark is to fill out an application form. The United States Patent and Trademark Office (USPTO) provides a list of forms you can use to file your trademark application, including the following:

  • Form 1—Application for Registration of a Trademark. Use this form if you want to register your mark in one or more classes of goods and services at one time.
  • Form 2—Application for Renewal in Continuous Use for Five Years under Sections 1(e), 2(e), 3(d), 5, 6, or 7. Use this form if you have been using the mark continuously since before the filing date of your registration and wish to renew it by showing that such use has been made during each year since then.
  • Form 4—Application Under Section 15 Refusal To Register; Request To Divide Application into Two or More Separate Applications; Request To Divide Currently-Registered Mark Into Two or More Separable Elements. Use this form when filing an amendment with respect to an application added by citation in which the applicant does not disclose intent to abandon the expired application under section 12(c).

Filing a TM Application

If you want to reserve the right to use a name or slogan as a trademark, then you must file a TM application. It is also possible to file an application for an ® (registered) mark, which would register your trademark with the U.S. Patent and Trademark Office (USPTO).

To file a TM application:

  • Complete Form 855 – Trademark Application and pay filing fees via Credit Card or eCheck; or mail in a payment by check or money order if paying by mail
  • Submit drawings showing your proposed mark(s) as applied on goods/service(s), along with any other required information
  • Send all of this through registered mail within 6 months of the filing date.

Application Evaluation

Once your application is filed, the examiner will review it for compliance with the Trademark Act. The examiner will send you a letter explaining any deficiencies in your application.

The letter will state what you need to do to correct the deficiencies and whether additional information or documents are needed. If you don’t correct these deficiencies before the deadline and pay any associated fees, your registration may be abandoned (meaning that it won’t be approved).

Letter of Approval or Office Action

If your application is not approved, you will receive an Office Action with reasons for the refusal. You may respond to the Office Action by submitting additional information. If your response is not accepted, you can appeal to the Trademark Trial and Appeal Board (TTAB).

The TTAB will make a final decision on whether or not to register your trademark in about 3 months after receiving an appeal from either party.

Publication of your Trademark Application.

The next step in your trademark application process is a publication, which means the USPTO will publish a notice of your application in its Official Gazette. There are two ways an application can be published:

  • You’re automatically published if you file an extension of time to respond to an Office action or a response to an OLD request or if you fail to submit evidence that there is no likelihood of confusion between your mark and another registered mark during the grace period granted by the USPTO for responding to an office action.
  • You can also request voluntary publication if you don’t want automatic publication and would like more time before submitting evidence that there is no likelihood of confusion between your mark and another registered mark during the grace period granted by the USPTO for responding to an office action

Submitting a Statement of Use

You need to submit a statement of use. The TM application will help you file the statement of use with the USPTO by generating it and uploading it on your behalf.

The Statement of Use (SOU) is an official document that shows your intent to begin using your trademark, which must be filed within 6 months after registration. The SOU should include information about how and when you plan on using your trademark, along with evidence such as invoices or receipts for marketing materials or other promotional items. It must also include a declaration explaining that all necessary steps have been taken to ensure that no one else has rights in the mark before its registration date (the date listed on our certificate).

Takeaway

Trademarking your name or brand can be a long process, but it is worth it.

The above article was written by an expert on this topic. It contains a lot of good information about trademarking in general, including the importance of doing so and the benefits that come with trademarking.

Conclusion

Trademarking your name or brand can be a long process, but it is worth it. With these tips, you can make sure that you have everything in order before filing your application.

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