Trademark law is a highly complex area of the law. I hope to elaborate on some of the issues and legal services that may be needed when filing a trademark application with the United States Patent and Trademark Office (USPTO). Typically, the time required to register a United States trademark ranges from eighteen (18) to thirty-six (36) months, depending on the nature of the objections raised by the Trademark office or other trademark registrants, and the amount of time necessary to satisfy the requirement to use the mark in commerce prior to registration. A simplified time line of the process follows (time for each action is added to the previously listed step):
1. Application filing -
2. USPTO Examination report – 3 to 6 months from initial filing
3. Response Due – 6 months from Examiner report
4. Publication – 3 to 4 months from the time application is cleared with the USPTO Examiner
5. Opposition Period – 30 days (extendible) from Publication
6. Evidence of Use Due – 6 months (extendible)
7. Acceptance/Registration – 3 months from filling Statement of Use (SOU).
Filing the trademark application with the United States Patent and Trademark Office is the first step in registering a trademark. For such a filing, services that may be provided include (1) drafting and filing of your federal trademark application with the United States Patent and Trademark Office, (2) tracking of your client's trademark application once filed with the United States Trademark Office, (3) responding to any non-substantive Office Actions on your client's behalf, (4) mailing your trademark registration certificate upon receipt from the United States Patent and Trademark Office. Responses to substantive USPTO Office Actions may require additional attorney fees depending on the agreement between you and your attorney.