How Long Does It Take To Register a Trademark and When Can You Begin to Use Your Trademark?

We are typically asked by our consumers how long does it take to get a trademark registration and, correspondingly, when can I begin use of my trademark?  These two questions are usually at the at the extremely heart of beginning a new company or launching a new item line.  In response, here is what you need to know about beginning use of your trademark and how long it takes to register the trademark with the U.S. Patent and Trademark Office.

When Can You Begin Use Your Trademark?

The great news is that you could begin use your trademark at any time once you decide to begin marketing and/or selling your goods or services under the trademark.  There is nothing that requires you to register your trademark with the U.S. Patent and Trademark Office prior to beginning use thereof.

1 key note of caution, even so, just due to the fact you can begin use of your trademark does not mean that you need to.  Prior to beginning use of your trademark Trademark Study need to always be performed to make certain that your trademark is cleared for use and, if adopted, would not be likely to cause confusion with another trademark already in use by yet another.

A Trademark Investigation report will identify any and all trademarks which are already in existence so that you may possibly be informed whether or not or not use of your proposed trademark is cleared (i.e., is not likely to infringe upon another’s trademark already in use) or not.

Additionally, need to another entity ever bring an infringement action against you proof that you “cleared” use of your mark via a investigation report may possibly be employed as evidence of your reasonableness in selecting and beginning use of your trademark.

Advantages of Federal Registration

So if a federal registration is not needed, why would you ever register your trademarks?  Here’s why.  For reasonably little price a federal registration avails your trademarks to specific advantages under the Trademark Act of 1946 which are not offered to unregistered marks.  The positive aspects consist of:

*Constructive notice nationwide of your claim of ownership of a trademark

*Evidence of ownership of the trademark

*Jurisdiction of federal courts to Enforce a Trademark could be invoked

*Registration can be used as a basis for obtaining Registration in Foreign Countries

*Registration could be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

How Lengthy Does it Take to Register My Trademark with the U.S. Patent and Trademark Office?

If you file a use-based application (i.e., you are making use of the mark at the time you file your Trademark Application) you may possibly obtain your Trademark Registration, if there are no refusals or other problems with your application, in 8 – 9 months from the date the trademark application is filed. If there are problems which need to be addressed this procedure may be slowed.  Here’s why:

Approximately 3 to five months after the application is filed the mark is assigned to 1 of roughly 350 trademark examining attorneys who work for the U.S. Patent and Trademark Office.

The trademark examining attorney reviews the application and determines whether mark is entitled to registration.

If he or she determines that there are no issues which will need to be addressed and that the mark is entitled to registration the examining attorney approves the mark for publication (See Below).

Even so, if any Procedural Problems (e.g., clarification of the applicant’s name or entity sort) or Substantive Refusals will need to be addressed the examining attorney will issue what is recognized as an Office Action.

An applicant is given six months to respond to an office action or the mark will be Abandoned.

If an acceptable response to an Office Action is filed the examining attorney will approve the mark for publication.

If a response to an Office Action is not accepted a Final Office Action will be issued.

Once a Final Office Action is issued we have six months to either file a Request to Reconsider the Final Office Action, let the mark abandon, or file an Appeal of a Refusal to the Trademark Trial and Appeal Board (“Board”).

If Board decides in our favor the examining attorney’s refusal will be removed and the mark approved for publication for opposition. If the refusal is upheld by the Board, we may possibly file a federal district court action to appeal the Board’s decision although this is rarely done.

Approximately Four to Six weeks following being approved for publication, the application is actually published for opposition.

The mark is published in a book of all published marks prior to the U.S. Patent and Trademark Office known as the Official Gazette.

Marks are published for opposition for 30 days. In the course of this opposition period any party wishing to object to the registration of the mark might do so by filing a Notice of Opposition.

Although very rare, if filed our skilled specialists are prepared to assist you in responding to and moving your mark passed an opposition proceeding and towards registration.

Provided that no Notice of Opposition is filed against your mark, approximately Four to Six weeks after the opposition period ends, your mark receives its Certificate of Registration if it was a Use-Based Application of Notice of Allowance if it was an Intent-to-Use Application.

When a Notice of Allowance is received all that is necessary to total the registration of the mark is the filing of a Statement of Use. As soon as filed, an Intent-to-Use Application will obtain its Certificate of Registration.

When Can I Use the “TM” and “®” Symbols?

Finally, we are also usually asked when can I use the “TM” and “®” symbols in connection with my mark.

In regard to the “TM” symbol, you may use this designation at any time to designate that you claim trademark rights in the mark at problem.  However, the “®” is only permitted to be utilized once your mark is registered.