Each trademark application with the USPTO is unique. The application process is lengthy and complex, and features multiple stages or steps. For some applications it is much longer and features additional steps . For example, any one of the following will delay the application process:
- Office Action
- Requests for Reconsideration
- Ex Parte Appeal
- Extension of Time to Oppose
- Notice Opposition
- Suspension
- Notice of Allowance
When an application is filed based on use of the mark in commerce and when there are no hiccups, the fastest an application can be issued today is seven months after the application filing.
For example, see the record for Serial No. 5433300 for NETSCAN. The application was filed Aug. 30, 2017. The registration was issued March 26, 2018, two hundred and nine (209) days later.
This “clean” application which involved no response or input from the applicant after the initial filing still went through various phases and procedures at the USPTO, as illustrated in the TSDR records:
| Aug. 30, 2017 | TEAS Plus New Application | ||
| Aug. 30, 2017 | Specimen | ||
| Aug. 30, 2017 | Drawing | ||
| Dec. 05, 2017 | XSearch Search Summary | ||
| Dec. 06, 2017 | TRAM Snapshot of App at Pub for Oppostn | ||
| Dec. 20, 2017 | Notification Of Notice of Publication | ||
| Dec. 20, 2017 | Notice of Publication | ||
| Jan. 09, 2018 | OG Publication Confirmation | ||
| Jan. 27, 2018 | Teas Change of Owner Address | ||
| Mar. 27, 2018 | Registration Certificate |
Most applications experience at least some delay or hiccup. Some experience many hiccups and delays. (One application of mine lasted nine years.)
The uncertain and long process is just one reason that an experienced attorney is a great benefit to assist trademark applicants navigating the USPTO trademark application.
