STACY J GROSSMAN

How Long Will it Take to Register a Trademark in the United States?


by Stacy J. Grossman,

 

The following is a general summary of the timing and the costs associated with the clearance and application to register a trademark in the United States.  These are general guidelines only – various issues might arise that add time and/or costs to this process.  


Clearance

Time: 1-2 weeks from the date of request

Costs: $600 for a full search report from a vendor

 

Preparation of Application

Time: 1-2 days from the date of request

Costs: $275 USPTO filing fee per mark, per class of goods/services

 

Prosecution of Application

Time:  It takes about 3-4 months for a newly filed application to be reviewed, and in the best-case scenario, it takes about 9 months from the date of filing until the date of receipt of either a registration or notice of allowance.  However, there some issues can delay registration or the receipt of notice of allowance.  For example, the Trademark Office might issue an “office action” raising a concern about the application.  There is a 6-month deadline to respond to an office action.  The Trademark Office might suspend an application if there is an earlier filed third party application that needs to be examined.  Also, it is possible for a third party to oppose an application when it is published for opposition.  An opposition can cause significant delays.

Costs:  Prosecution costs depend on whether or not there are any issues that arise; the cost to monitor and report to you during this process if there is no office action and no third party issue is minimal.

 

Additional Time and Costs for Applications Based on Intent to Use

Time: There are additional costs for applications filed based on intent to use (rather than actual use).  Once a notice of allowance is received, an applicant has 3 years to file a statement showing use of the mark in commerce.  If there is no use at the end of the three year period, then the application will be abandoned.  From the date of the notice of allowance, at every six month interval, the applicant must either file a request for an extension of time to file a statement of use, or file the statement of use itself.

Costs: $125 per mark, per class for each extension of time; $100 per mark, per class for the statement of use.

 

Maintenance of Registration

Time: A trademark registration must be renewed between the 5th and 6th anniversary or registration, and then between every 9th and 10th year anniversary thereafter.

Costs: The filing fee for the 5th year renewal is $325 per mark, per class.  The filing fee for the 10 year renewals is $425 per mark, per class. 


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In addition to the costs discussed above, there are charges for attorney time.  Once we understand your needs, we can provide you with a complete estimate of your costs and fees.