Recent trends in trademark application timelines

The United States Patent and Trademark Office (USPTO website offers a wealth of information about trademarks. One valuable publication is the “Trademark Application & Post-Registration Process Timelines” (https://www.uspto.gov/trademarks/process/tm_timeline.jsp).

Despite the guidelines given in the publication, I have noticed the following trends in timing recently:

1)      It is taking approximately 4-5 months from the time an application is filed until the USPTO either sends an “Office  Action” (a substantive response to a trademark application that usually requires action on behalf of the applicant) or for the USPTO to publish the mark for opposition.

2)      For applications submitted under the filing basis “Intent to Use”, it is taking approximately 8-10 weeks (2-3 months) from the time a mark is published for opposition until a Notice of Allowance (NOA) is issued.  The NOA is sent the same day to the applicant.  That time is broken down by:

  1. 4-5 weeks (30 days) from Publication to the end of the opposition period
  2. 4-5 weeks from the End of the Publication period until it is reviewed for the issuance of the Notice of Allowance (NOA).

3)      For applications submitted under the filing basis “Actual Use”, from the time a mark is published for opposition until a Certificate of Registration is received by the applicant, it is taking approximately 15-18 weeks (approximately 4 months).  That time is broken down by:

  1. 4-5 weeks (30 days) from Publication to the end of the opposition period
  2. 6-7 weeks from the End of the Publication period until it is reviewed for Registration
  3. 5-6 weeks from the issuance of a Certificate of Registration until the formal Certificate is sent to the Applicant.

The USPTO’s posted timelines provide a wonderful visual aid in understanding the trademark prosecution process, but you should be aware of recent trends as a more accurate reflection of the timing. This information can be a valuable tool for your business plans.

Leave a Reply

Your email address will not be published. Required fields are marked *