How long does it take for a trademark to be approved?
Asked by: Eleonore Fritsch | Last update: February 17, 2026Score: 4.1/5 (45 votes)
A trademark approval typically takes 12 to 18 months in the U.S., but can vary significantly based on application complexity, examiner workload, and if issues like objections or oppositions arise, potentially stretching to over a year or even years with delays. A smooth "in-use" application might see registration in 12-14 months, while "intent-to-use" (ITU) applications take longer due to extra steps like submitting a Statement of Use.
Can I use my trademark while it's pending?
Trademark applicants must wait until they have been given official approval from the USPTO before using the registered trademark symbol (®). Although using TM or SM is allowed at any time, using the registered symbol while a trademark is still pending is a criminal or civil offense in many jurisdictions.
Can you speed up the trademark process?
You can try speed up your trademark application if certain special circumstances apply. For a USPTO fee ($250 at the time of this post), you can file a Petition to Make Special to advance a trademark application out of turn.
How much does it typically cost to trademark a name?
Trademarking a name costs between approximately $225 to $400+ for the initial U.S. federal application fee per class of goods/services, with common options like TEAS Plus at $225 and TEAS Standard at $350+ through the USPTO. Total costs vary significantly, potentially reaching several hundred to thousands with attorney fees, clearance searches, and future maintenance fees (due years 5-6 and every 10 years).
Should I get an LLC or trademark first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
How Long Does It Take To Get a Trademark | Trademark Process Timeline
What are the three requirements for trademark?
In order to register a trademark, the trademark must meet three requirements: first use in a particular trade or geographic market, non-functionality, and distinctiveness. Generic words, even if stylized or foreign, cannot be registered as trademarks.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
What are the 4 types of trademarks?
The four main categories of trademarks, ranked by strength, are Fanciful/Arbitrary, Suggestive, Descriptive, and Generic, with Fanciful/Arbitrary being the strongest (e.g., Kodak, Apple for computers) and Generic being the weakest (e.g., "Aspirin" for pain relievers, which cannot be trademarked). These categories determine how much distinctiveness a mark has and the level of legal protection it receives, with fanciful/arbitrary marks being inherently strong and generic terms never receiving protection.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
Is it better to get a TM or a copyright?
Neither trademark (TM) nor copyright is inherently "better"; they protect different things, so the best choice depends on what you're shielding: trademarks protect brand identifiers (logos, names, slogans) for infinite duration with use, preventing consumer confusion, while copyrights protect original creative works (books, art, music, code) for life plus 70 years, preventing unauthorized copying. Often, you need both, like a trademark for your company logo and copyright for the artwork within that logo, to fully protect your brand and creative assets.
How will I know if my trademark is approved?
How to check your status and view documents. Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
What is the most common reason a trademark might be rejected?
If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and it's the most common reason for refusing registration.
What are the 7 types of trademarks?
There isn't one definitive list of exactly seven types, but common categories focus on the nature of the mark (Word, Logo/Device, Shape, Color, Sound, Scent, Motion/Pattern) and the strength/function (Fanciful, Arbitrary, Suggestive, Descriptive, Generic, Service, Certification, Collective). Key types include Word Marks, Device Marks, Service Marks, Certification Marks, Sound Marks, Shape Marks, and Color Marks, often grouped under broader categories like "Unconventional" or "Non-Traditional" trademarks.
What is the rule 47 of the trademark rules?
Section 47 of Trademark Act is called "Removal from register and imposition of limitations on ground of non-use". It lets the Registrar or High Court (after the Intellectual Property Appellate Board (IPAB)ended in 2021) remove a trademark or limit its scope if it's not used.
Should you trademark or LLC first?
For most businesses, form your LLC first to establish a legal owner for your brand, then apply for a trademark under the LLC, but always conduct a trademark search before forming the LLC to avoid costly rebrands if the name is already taken. The LLC provides liability protection and a legal entity to own assets like trademarks; however, you need to know the name is clear before registering the LLC.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Do I need a lawyer to trademark my logo?
Do You Need to Hire an Attorney to Federally Register a Trademark? No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
Can I trademark a slogan?
You might also choose to protect a slogan or logo for those goods or services, if you have one. Deciding what you want to protect and to what extent is up to you. You can have a brand, but decide not to protect that brand by registering it as a trademark.