Of course, every new brand name has unique circumstances and timing issues. And there are a plethora of factors that can disrupt this timeline. But here is a rough ideal timeline for protecting and launching a new brand name.
- Search potential names for clearance, and settle on one available name.
- As soon as possible after Step 1, apply to register the name at the USPTO based on an intent to use the name.
- Application will be reviewed by USPTO approximately 4 months after filing in Step 2.
- Receive preliminary approval at USPTO, hopefully, four to six months after filing in Step 2.
- The trademark application is published in public record (the “Official Gazette”) by the USPTO approximately two months after Step 4.
- During the 30 day publication period, hopefully no one files an objection (“Notice of Opposition”) or an extension of time to oppose.
- Approximately one month after the end of the publication period, two months after Step 5, the USPTO issues a “Notice of Allowance.”
- Begin using the trademark in commerce anytime after the publication period in Step 6.
- Submit evidence of using the trademark in commerce to the USPTO and complete the registration process.
- 10. Receive a registration certificate approximately two months after submitting evidence of use in Step 9.
The entire registration process, for an ‘intent to use’ application, therefore takes approximately one year or longer. If there are any delays such as a substantive refusal by the USPTO, and extension of time to oppose filed, or more than a few weeks between the Notice of Allowance and filing the State of Use, the process will take longer. If the application is completely “smooth sailing” and all filings (Statement of Use, etc) are made with days of their eligibility, it is possible to receive the registration in less than 10 months, as I did for THE NONTRADITIONAL TRADEMARK LAWYERS.
Below is the timeline from the USPTO database from on a recent registration received by a client (Registration No. 4705197), with the oldest event (filing) at the bottom:
|Mar. 17, 2015||REGISTERED-PRINCIPAL REGISTER|
|Feb. 13, 2015||NOTICE OF ACCEPTANCE OF STATEMENT OF USE E-MAILED|
|Feb. 12, 2015||ALLOWED PRINCIPAL REGISTER – SOU ACCEPTED|
|Jan. 22, 2015||STATEMENT OF USE PROCESSING COMPLETE|
|Nov. 07, 2014||USE AMENDMENT FILED|
|Jan. 15, 2015||CASE ASSIGNED TO INTENT TO USE PARALEGAL|
|Nov. 07, 2014||PAPER RECEIVED|
|Oct. 28, 2014||NOA E-MAILED – SOU REQUIRED FROM APPLICANT|
|Sep. 02, 2014||OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED|
|Sep. 02, 2014||PUBLISHED FOR OPPOSITION|
|Aug. 13, 2014||NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED|
|Jul. 26, 2014||LAW OFFICE PUBLICATION REVIEW COMPLETED|
|Jul. 26, 2014||ASSIGNED TO LIE|
|Jul. 15, 2014||APPROVED FOR PUB – PRINCIPAL REGISTER|
|Jul. 02, 2014||TEAS/EMAIL CORRESPONDENCE ENTERED|
|Jul. 02, 2014||CORRESPONDENCE RECEIVED IN LAW OFFICE|
|Jul. 02, 2014||TEAS RESPONSE TO OFFICE ACTION RECEIVED|
|Jun. 15, 2014||NOTIFICATION OF NON-FINAL ACTION E-MAILED|
|Jun. 15, 2014||NON-FINAL ACTION E-MAILED|
|Jun. 15, 2014||NON-FINAL ACTION WRITTEN|
|Jun. 12, 2014||ASSIGNED TO EXAMINER|
|Mar. 22, 2014||NOTICE OF PSEUDO MARK E-MAILED|
|Mar. 21, 2014||NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM|
|Mar. 12, 2014||NEW APPLICATION ENTERED IN TRAM|