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TRADEMARK REGISTRATION PROCESS TIME
There are many factors that affect how long it takes to register a trademark. In fact, there’s no guarantee your trademark will ever register, as it may be refused for various legal reasons. Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
As a trademark attorney, we get this question a lot. “How long does it take to get a trademark?” The answer may surprise you – in total, it will take roughly 12 months to get a trademark. Why?
TRADEMARK PROCESS TIMELINE
TASK | TIMELINE |
Formalities check pass | 1-2 days |
Sent to Vienna Codification | 15-30 days |
Mark for Exam | 1-2 months |
Objection and reply | 1 month |
Hearing | No date fixed, is informed in due course. |
Accepted & Publication in the Journal | 4 months |
If you add up the initial 2-3 months to review the application, the 6 months for the response to the Office Action, the 4 months for the publication period in the Official Gazette, and the 2-3 months, you get a total of about 12 months to get a trademark. This may seem like a long time to most people, but it’s important to understand exactly why it takes so long.
The Date of Filing
Although the entire process of trademark registration takes almost a year to complete but the trademark applicant attains trademark protection from the moment an application is filed. Assuming you are granted trademark registration, the registration rights will always be retroactive from the date of initial filing. For example, if the trademark application is filed on 01/01/2024 and trademark registration is granted in 2025, your trademark rights will be retroactive from the date of initial filing i.e. 01/01/2024.
OVERVIEW OF THE TRADEMARK REGISTRATION PROCESS AND TIMING
Once the trademark application is filed, it will usually take the Trademark office about 1-2 months to review the application. In the initial review the trademark office will see if there are any mistakes on the application or if the applied mark conflicts with any other prior and registered trademarks.
If the trademark application is found to be in conflict with a previously filed or registered trademark, or if there are other issues with the application, then the trademark office will issue an examination report. The applicant is given 1 month time to respond to the examination report. Once all issues are addressed and all requirements are met, hearing is fixed, time of which is not informed beforehand and the status of the application is reflected as ready for show cause hearing. Once an application is accepted in the hearing, same will be published in Trademark Journal. The Official Gazette is a weekly publication from the Trademark Office that serves to give notice to the public that a trademark application is about to be registered. Such public notice allows third parties or other companies to come forward and dispute any trademarks that they feel would infringe upon their rights. This publication process usually takes about 4 months to complete.
It is important to have patience and do a bit of work to maintain your registration.
BECOME A TRADEMARK OWNER
If we add all these timeline, you get a total period of around 12 months. This is what can generally be expected in terms of timing for how long it takes to get a trademark and the applicant if successfully covers this timeline, becomes a registered trademark owner.
FAQs on Trademark Registration
A trademark is like a special label that protects the name and signs of a product or company, showing it’s different from others, and can belong to anyone like a person or a business.
A good trademark is one which is distinct, unique and not similar to any other trademark. Invented and coined words are generally safe. It is not advisable to adopt geographical name, personal name, surname or name which is descriptive of the goods.
A trademark can be applied by individual, firm, company, and other legal entity.
there is no fixed time, if the trademark is not objected then registration takes place within 6-12 months.
the registered Proprietor of a trademark can take action others for infringement, passing off, compensation for violation of reputation and goodwill
For 10 years, after that it has to be renewed.
the trademark which is maintained digitally, contain every details like application number, class, filing date, user date, trade name, proprietor details, goods details, expiry date, attorney details etc.
Yes, by filing TM-M with requisite fees.
For each class one trademark application is filed.
