Frequently Asked Questions
How Long Does It Take To Trademark?
Right now, the USPTO timeline is anywhere from 9 to 12 months to register a trademark. Those who apply are facing an 8 month wait for the USPTO to assign someone to examine their mark. Once an examiner is assigned, they will issue a response within a few days. Once the mark is approved by the examiner, the mark will go through 6 weeks of publishing for opposition. This is the time period where those, who believe you shouldn’t be granted the trademark, can file a notice of opposition to argue their case.
How Long Does A Trademark Last?
Technically, trademarks don’t expire, but they can lose their enforceable rights. Between the 5th and 6th anniversary, you must submit a declaration of use, also known as a section 8 declaration. This is a sworn statement that the trademark is still in use by the owner. Then on the 10th anniversary, the owner must file a section 8 and 9 declaration which now includes a list of goods and services in connection with the trademark and a specimen of the trademark in use. This declaration must then be filed every 10 years.
Can I Trademark A Name?
Yes, you can trademark a name as long as the name is used in conjunction with goods or services. When trademarking a person’s name, you must either disclaim that the name isn’t of someone currently living, or you must submit an signed affidavit stating that use of the name is acceptable.