Did you know that it could take anywhere from seven months to more than two years to get a federal trademark registration? A new Trademark Timeline infographic from Innovation to Profits (shown below) reveals that there are three primary things that can cause delays in the trademark registration process:
1. Office Actions
These come from the examining attorney at the U.S. Patent and Trademark Office (USPTO). If the examining attorney finds any problems with your application, he or she will send you an office action which you must respond to and satisfy or your application will be abandoned.
Once the examining attorney is satisfied with your trademark application, it is published to the USPTO Official Gazette for third party opposition. During this time, third parties who believe the mark conflicts with their own mark can oppose the registration of your mark. To make matters worse, third parties can file requests to extend the opposition period beyond the normal 30 days.
3. Trademark Trial and Appeal Board
If the examining attorney doesn’t believe you’ve satisfied the second office action, you can appeal to the Trademark Trial and Appeal Board which can cause significant delays.
Unfortunately, with the growing popularity of do-it-yourself legal services and legal document services providers, more and more trademark applications are being submitted every day that receive office actions from examining attorneys. The trademark process isn’t quick, but it doesn’t have to be painful. Even with the help of a skilled intellectual property attorney, trademark searches, application, and registration aren’t expensive relative to the amount of money you might have to pay in the future if your mark isn’t protected and you’re accused of infringement.
Imagine if you had to rebrand! It’s definitely smarter to invest in trademark protection today and avoid potentially huge expenses, fines, and legal fees in the future! Your brand and your trademarkable assets are valuable and should be protected with the same investment and vigilance that your physical property is protected.
You can see all of the details in the Trademark Timeline infographic from Innovation to Profits below.
Source: Innovation to Profits
Have you applied for trademark registration to protect your valuable intellectual property?