What is involved with and how long does the federal trademark application process take?

The federal trademark application process can take a year or more from start to finish.  An examining attorney from the United States Patent and Trademark Office will typically review a filed trademark application three months after the filing date.  The examining attorney will review the application to determine whether the trademark can be registered including a review of the application, the drawing of the trademark, and any submitted specimen showing how the trademark is utilized by the business in commerce.  If the examining attorney issues a letter identifying reasons to reject the application, the applicant (or the applicant’s attorney) has six months to submit a response.  If a response is not filed within the six month timeframe the application will be denied.  (Trademark application fees are nonrefundable and would be forfeited.)  If the examining attorney does not identify any issues associated with the application or if all identified issues have been resolved, the United States Patent and Trademark Office will approve the proposed federal trademark for publication in the Official Gazette.  The applicant is typically notified of the date of publication about three weeks in advance.  After publication of the proposed federal trademark in the Official Gazette, the public has a 30-day period to object to the registration of the proposed federal trademark.  If opposition to the proposed federal trademark is filed, a hearing will be held before the Trademark Trial and Appeal Board.  If an applicant has already submitted a specimen showing how the trademark is utilized in commerce (for example showing the trademark on product packaging) and no opposition was filed by the public to the proposed trademark or the Trademark Trial and Appeal Board side with the applicant, the United States Patent and Trademark Office will proceed to register the trademark.  If the applicant has already submitted a specimen of how the trademark is utilized in commerce, and if no opposition is filed to the application by the public, the United States Patent and Trademark Office will typically issue a registration certificate approximately 11 weeks after publication of the trademark in the Official Gazette.