How long does it take to obtain a federal trademark registration?
The process of getting a trademark registration can vary depending on several factors, including strength or uniqueness of the mark and the specifics of the application. Generally, the timeline for trademark registration can range from several months to over a year. Here’s a rough breakdown:
Initial Application: After you submit your application, it typically takes a few weeks to a couple of months for the trademark office to process it and assign it to an examiner.
Examination: The examination phase, where an examiner reviews your application for compliance with trademark laws and potential conflicts with existing trademarks, can take several months. This period may vary depending on the complexity of your application.
Publication: If the examiner approves your application, it’s published in the Trademark Official Gazette. The publication allows others to oppose the registration if they believe it conflicts with their own trademarks.
Opposition Period: If there are no oppositions, or if any oppositions are resolved in your favor, the registration process continues. The opposition period is generally around 30 days but can be extended if disputes arise.
Registration: Once the opposition period is over, and if everything is in order, the Trademark Office will issue a registration certificate. This final step can take additional few weeks to a few months. In summary, the entire process from application to registration can take anywhere from about 8 to 18 months, or even longer in some cases, especially if a third party opposes your registration.
How long does a federal trademark registration last?
The duration of a trademark registration depends on whether the trademark owner continues to use the mark in commerce and maintains the registration. Some marks have been in use for more than a hundred years, for instance the winged hourglass logo of Longines Watch Company of Switzerland that has been continuously used, unmodified, since 1887:
Here’s a general overview of the process for maintaining U.S. trademark registrations:
United States (USPTO):
Initial Term: Once registered, a trademark in the U.S. lasts for 10 years from the date of registration.
Renewal: To keep the trademark active, you must file for renewal every 10 years. The first renewal is due between the 5th and 6th year after registration. This initial renewal is a requirement to maintain the mark’s active status. After that, renewals are due every 10 years.
Maintenance Filings: Additionally, between the 5th and 6th years after registration, you must file a “Declaration of Use” to prove that the trademark is still in use in commerce. This is a separate requirement from the renewal process.
Keeping track of renewal dates and maintenance requirements is crucial to ensure your trademark remains protected.