Are you wondering how long it takes to get a trademark?
in today’s episode we walk you through everything you need to know, including what needs to happen in the first two weeks before you file your trademark application and why that timing is so important.
Here is the process from beginning to end:
- Decide that you want to trademark your business name (and pick a name)
- Run a comprehensive search and decide to move forward – (If you have a lawyer, make sure they give you a legal opinion!)
- Decide on your classes of goods and services and a description for what you are selling
- Prepare and file your application
- Wait some more (usually up to 8 months)!
- Respond to any office actions. They can be substantive or non-substantive and you have 6 months to respond (so no excuses!)
- Your application will proceed to publication!
- Assuming no issues, your mark will register! Time to celebrate!
- But the fun isn't over, continue to monitor and enforce your mark for as long as you maintain the trademark!
Total time, from beginning to end, is approximately 12-18 months!
Click here to download our free DIY Trademark Playbook.
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The Biggest Takeaways
- The time between running a search and filing your application needs to be FAST!
- Right now it takes approximately 7.7 months for the USPTO to assign an attorney to review your file.
- Between 25-50% of applicants will receive an office action. The risk is higher if you don't hire a lawyer for help.
- Having solid contracts in place to protect your legal relationships is extremely important. For some lawyer-drafted templates that you can use immediately, click here.
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The content of this podcast episode is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this podcast episode for legal advice. Listening to The Legal Jim Podcast is not intended to and shall not create an attorney-client relationship between you and James W. Hart or The Hart Law Firm, P.A. d/b/a Hawthorn Law. Messages or other forms of communication that you transmit to this website will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Neither James W. Hart nor The Hart Law Firm, P.A. makes any representation, warranty, or guarantee about the accuracy of the information contained in this podcast episode or in links to other podcasts, resources or websites. This podcast is provided “as is,” does not represent that any particular outcome will result from listening to this episode. Your use listening to this podcast is at your own risk. You enjoy this podcast episode and its contents only for personal, non-commercial purposes. Neither James W. Hart, The Hart Law Firm, P.A., nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.