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.

  1. Search potential names for clearance, and settle on one available name.
  2. As soon as possible after Step 1, apply to register the name at the USPTO based on an intent to use the name.
  3. Application will be reviewed by USPTO approximately 4 months after filing in Step 2.
  4. Receive preliminary approval at USPTO, hopefully, four to six months after filing in Step 2.
  5. The trademark application is published in public record (the “Official Gazette”) by the USPTO approximately two months after Step 4.
  6. During the 30 day publication period, hopefully no one files an objection (“Notice of Opposition”) or an extension of time to oppose.
  7. Approximately one month after the end of the publication period, two months after Step 5, the USPTO issues a “Notice of Allowance.”
  8. Begin using the trademark in commerce anytime after the publication period in Step 6.
  9. Submit evidence of using the trademark in commerce to the USPTO and complete the registration process.
  10. 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:

Date Description
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

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One thought on “Timeline for trademark creation, protection and launch

  1. Hi! I checked my status today and it says NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED, 5 days passed but I did not get any e-mail from them. Do you think I should contact them or just wait? I checked all possible folders in my e-mail. Now worrying if I miss some important e-mail from them. Thank you.

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