How long does it take for a trade mark to be registered?
Although you should receive an initial response from the US Patent and Trademark Office (USPTO) within approximately three months of filing the application. However, the total application processing time may be anywhere from 6 months to a year, or even longer.
Importance to know the grounds of possible denials.With that being said, a careless choice of trade mark does not cost you unbearable amount of money, yet will waste your valuable time. It is critical to know possible grounds of refusal. The USPTO may be required to refuse registration of your mark on numerous grounds.
Ground 1: Likelihood of ConfusionThe USPTO conducts a search for conflicting marks as part of the official examination of an application only after a trademark application is filed. In evaluating an application, the examining attorney conducts a search of USPTO records to determine whether there is a conflict between the mark in the application and a mark that is either registered or pending in the USPTO. A refusal will be issued if the marks are similar and the goods and or services are related in such manner that consumers would mistakenly believe they come from the same source.
Ground 2: Merely Descriptive and Deceptively MisdescriptiveThe examining attorney will refuse registration of a mark as merely descriptive if it immediately describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.
Ground 3: Primarily Geographically DescriptiveThe examining attorney will refuse registration of a mark as primarily geographically descriptive if: (1) the primary significance of the mark is a generally known geographic location; (2) purchasers would be likely to think that the goods or services originate in the geographic place identified in the mark, i.e., purchasers would make a goods/place or services/place association; and (3) the mark identifies the geographic origin of the goods or services.