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The timeline for registering your trademark varies between countries and is a timely process. Usually, the process takes between 4 and 18 months! While it may seem like a long wait, it is important to note that the filing date of your application is more important than the registration date. In this part, we explain why your filing date matters, and we provide the length of the trademark registration process in selected countries. Additionally, we discuss the option of fast-track trademark registration and share with you why the examination phase takes a while.
Why Your Filing Date Matters
At our firm, we are committed to efficiency and precision. We can prepare your trademark application with complete and accurate details and file it with the trademark office within 24 hours upon receipt of your necessary information and documentation.
Priority over Other Applications
Once you file an application to register your trademark with the trademark office, a legal process begins. Thus, the filing date of your application is important as it establishes your prior rights from that date against others filing the same or similar mark, especially in jurisdictions where the right to the trademark is determined by the “first to file” rather than the first to use.
Legal Protection from the Filing Date
In many jurisdictions, your legal protection begins from the filing date of your application. This implies if your trademark is eventually registered, your rights are effective retroactively (backdated) to the filing date. This is critical in disputes, as you can enforce your trademark against any infringement that occurred after the filing date. You can retroactively take legal action against another party who used your trademark from that filing date onwards. Even if the infringing party may cease using it later, it does not negate the infringement that occurred while they were using it without your permission during that time.
Please know that enforcing these rights always depends on specific national laws and the specifics of the trademark registration process in the jurisdiction where the trademark is registered.
Length of trademark registration process in selected countries
We selected the top 10 countries with the highest trademark filing activity in 2022, according to the WIPO Statistics Database, in March 2024, and provided the estimated length of the trademark registration process as detailed below.
We also provide information on 30 other countries/regions (in alphabetical order), among others, where our clients also filed applications for their trademark protection:
The above lengths are estimates and may vary depending on specific circumstances, such as the trademark office’s backlogs and workload of the trademark office, and any legal challenges that may arise during the process.
For other countries and regions not indicated above, please contact us for more information about your country or region of interest for your trademark protection.
Fast Track Trademark Registration
In many jurisdictions, there is an option to expedite the process of trademark registration through what is commonly referred to as "Fast Track" or "Accelerated Examination" processes. This option is designed for businesses that need rapid protection of their trademarks due to upcoming product launches, marketing deadlines, or other business-critical reasons.
The procedure for fast-tracking a trademark application varies by country. Generally, it involves meeting specific criteria set by the trademark office, such as paying additional fees or providing a justified reason for the expedited process. It is important to consult with one of our qualified trademark attorneys to discuss this option and check if your trademark qualifies for fast track registration.
Why The Examination Phase Takes A While
The trademark examination of the trademark office is a timely process. Here are the two major reasons why it takes such a long time.
1. Your Rights Last Forever
Once the trademark office grants your registration and if you comply with the legal requirements, pay required fees, and meet statutory deadlines to maintain your registration, it lasts forever, so it makes sense that they are very careful with their analysis, as it is a powerful and valuable certificate once you have it.
2. You Have to Wait In Line
In 2022, according to the WIPO Statistics Database, in March 2024, there were 15.5 million classes indicated in the applications filed with trademark offices worldwide. Many business owners apply for trademark registration to claim, protect, and grow their brand name. Therefore, your application has to wait in line at the IPOs before it gets processed.
Because the examination process takes a while, most clients decide to get the ball rolling and file as soon as possible. We can file your application within 24 hours of receiving your information. The moment your application is filed, you will receive your queue, and we simply have to wait for the trademark office to examine and approve your application.
