How Long Does It Take to Get a US Trademark Registration

After a trademark application is filed, it will be placed in a queue to be examined by a trademark examining attorney at the USPTO. The current USPTO records show that it takes an average of 2.7 months between the time of filing and the time of first action on the application. The USPTO targets between 2.5 and 3.5 months for a first action. In other words, it will take about 2 or 3 months for the office to substantively consider your application.

Further, USPTO records also show the total pendency average to be 9.5 months. Total pendancy is measured from filing to abandonment, allowance, or registration. Currently, the USPTO targets total pendency to be at 12 months or less.

If your application receives an office action with a rejection or objection, it may take longer. The USPTO usually provides six months to respond to an office action. If the applicant takes the full six months to respond, then the application pendency will correspondingly be extended six months.

If your application is an intent to use application, the allowance (“notice of allowance”) is not the end of the process. You must file a statement of use before a registration is issued. You generally have six months to file a statement of use from the notice of allowance. Even if you file a statement of use right away, the USPTO estimates that it will take 3.5 months from the filing of a statement of use until you receive the registration.

Therefore, if you file a statement of use right away after notice of allowance the total pendancy from filing to registration for an intent to use application is 13 month on average. The total pendancy to registration of a use-based application is 9.5 months on average.