Why Registration Takes So Long
Trademark registration can be a lengthy process, taking anywhere from several months to over a year. For new businesses seeking to further establish their brand identity, this delay can be frustrating. There are several factors that contribute to long trademark registration times, and understanding these can help new businesses navigate the process more efficiently.
The volume of trademark applications has increased in recent years. As more businesses enter the market and seek protection for their intellectual property, trademark examiners are faced with a higher workload than ever before. This backlog has significantly slowed down the entire registration process for everyone involved. Where the average trademark application was processed within 8 months in previous years, the current average is just over 11 months.
Specifically related to the increase in applications is that many applications are submitted with inadequate research and incomplete application materials. Before filing a trademark application, it's crucial to conduct a thorough search into existing trademarks, including federal, state, and common law, to avoid potential conflicts or objections from the United States Patent and Trademark Office (USPTO). If an application is incomplete or contains errors or inconsistencies, it will be delayed as examiners work with applicants to resolve these issues.
When an examiner discovers these issues that need to be resolved, they will issue what is called an Office Action. Some Office Actions are easily resolved, but most require substantive legal research to apply varying legal theories. These substantive Office Actions require a written response that is then received and analyzed by the examiner. A reply brief or subsequent Office Action may then be issued, causing further delay.
Inadequate research and incomplete application materials also become a factor during the opposition proceedings, required by the USPTO. Once an application meets the minimum requirements for registration, they are published for opposition to allow time for anyone who could potentially be harmed by your registration to object, if they so choose. Not only can a failure to properly research cost time, but it can cost a significant amount of money when the failure to research results in an opposition causing a lengthy legal battle and potentially a costly rebranding effort.
While registration is never guaranteed and is the sole decision of the USPTO, we speak the language of the examiner and can help you avoid the issues that cause significant delay. Give us a call today at 1-888-752-2629 or schedule a consultation today to get started.