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Note: the below numbers are for previous applications with the data found in this case study. The time has about doubled in 2021. The set of applications for analysis for this case study was applications in the first two weeks of 2017.
How long does it take to get a trademark?
A trademark application will be approved normally in 7 to 14 months after the application is submitted.
Overview of Results of This Case Study:
(1A basis applications: are also called Use in Commerce applications, which are applications for marks already in use.)
(1B basis applications: are also called Intent to Use applications, which are applications for marks which haven't been used yet but the applicant has a plan to use the mark soon.)
Purpose of This Case Study:
This case study is meant to display the length of time of the trademark application approval process.
This case study looked at the applications to the Trademark Office with a filing date of 1/1/17 through, and including, 1/14/17.
It was then determined how many of those applications in that 14 day period were approved in each 3 month period following the application date (1/31/17 - 3/31/17; 4/1/17 - 6/30/17; 7/1/17 - 9/30/17 …. until 10/1/20 - 12/31/20).
The results are reported separately for applications depending on the basis of the application.
An application can be filed under a 1A basis or a 1B basis. A 1A basis means the mark is already used in commerce. A 1B basis means the mark has not been used in commerce but the applicant has an intent to use the mark in commerce.
Overview of Actual Numbers - Totals and Approval Numbers:
In the time period of 1/1/17 through, and including, 1/14/17:
Further Explanation of the Process of This Case Study and the Data:
Data was collected from the TESS website (US government trademark registration database).
For this case study, the date of approval is considered to be the same as the registration date -- which is when the rights of a federal trademark registration begin.
Only purely domestic applications were used. This means if the filing basis for an application included a filing basis related to foreign use or a foreign application it was excluded from the numbers.
A purely domestic application was considered an application with a 1A basis or a 1B basis. An application can have a filing basis of 44E, 44D, or 66A which means the mark was filed in relation to foreign use or a foreign application. If an application included a 44E, 44D, or 66A basis, it was excluded.
Also, an application can be filled with multiple bases – for example filed with a 1A and a 1B basis in the same application. Only applications with a single basis were used in the case study – so only applications with a 1A or 1B basis.
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