5 Tips to Speed Up the Trademark Process

Registering a trademark can take anywhere from several months to a couple of years—but there are ways to speed up the process.

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5 tips to speed up the trademark process

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Updated on: January 17, 2025
Read time: 4 min

If you’re considering registering a trademark, you may be disappointed to learn that trademark registration doesn’t happen instantly. It takes a minimum of several months to register a trademark, but it can take years.

Steps to speed the process

Although trademark registration is never quick, there are steps you can take when you apply for a trademark that will increase the chance that you’re getting a trademark in months, not years. It’s all a matter of doing thorough research, taking the time to prepare a strong and complete application, and responding promptly to any concerns.

The two most common reasons that trademark registrations are delayed are:

  • Trademark office actions. About three months after your trademark filing, an examining attorney at the U.S. Patent and Trademark Office (USPTO) will review it. If there are issues with the application, you’ll receive a letter from the U.S. Trademark Office called an “office action” that explains the problems and gives you a chance to resolve them. If you don’t resolve all the issues in your initial office action, you’ll receive a final office action.
  • Objections. Once your trademark registration is accepted, notice of the registration will be published in the Trademark Official Gazette. There’s a 30-day period in which anyone can file an objection to your registration. Objections take additional time to resolve.

Office actions and objections may sound like they’re beyond your control, but careful planning can reduce their likelihood, and prompt responses can minimize further delays. Here’s a step-by-step guide for how to get a trademark registered as quickly as possible.

Step 1: Choose a strong mark

Not every name, symbol, or sound is eligible for trademark protection. If you choose a weak mark, you’ll likely receive an office action, and your registration will be delayed or denied.

In general, the more distinctive your mark is, the easier it is to trademark. For example, if you want to trademark a business name, you can get trademark protection for a made-up name (like “Microsoft”), an existing word that’s usually not associated with your product or service (like “Apple” computers), or a name that suggests something about your product or service without actually naming it (like “Greyhound” buses).

Weak marks lead to office actions and denials. They include names that are descriptive (“Tangy Barbecue Sauce”) and location names (“New England Chowder”). Generic names like “Frozen Yogurt” can’t ever be trademarked.

A trademark attorney can help you assess the strength of your trademark. 

Step 2: Choose a mark that isn’t confusingly similar to another mark

Another common reason for office actions is a likelihood of confusion between your mark and another mark that’s already been registered.

Likelihood of confusion is also the most common reason that third parties might oppose your trademark registration.

A likelihood of confusion exists if two marks are similar and are used to identify similar goods or services. 

You can search for similar trademarks in the USPTO’s online database, but a thorough search should also include state trademark databases, business directories, and ordinary internet searches.

Although you can conduct trademark searches yourself, it can be hard to objectively evaluate whether there’s a likelihood of confusion between your mark and someone else’s. You should consider hiring a trademark lawyer to help you with this important step.

Step 3: Begin using your mark in commerce as soon as possible

When you file your application, you’ll have to choose a filing basis: “use in commerce” or “intent to use.” If you are currently using your mark, you can file under the use in commerce basis, and you’ll have one less step to complete before your mark is registered.

If you are not yet using your mark, you’ll have to file under “intent to use.” At the end of the registration process, you’ll receive a Notice of Allowance, but your mark will not be officially registered until you file a Statement of Use and submit a specimen of your mark.

You’ll have six months to file a Statement of Use, but that time period can be extended.

Step 4: Submit a complete and accurate trademark application

You may also receive an office action if there’s a technical or procedural problem with your application. For example, you may have improperly identified the goods or services associated with your mark, or you may not have submitted an acceptable specimen of your mark. While these sorts of problems are relatively easy to remedy, they do slow down the process. Plus, you could be subject to additional fines for providing insufficient information.

Take your time and make sure you have fully completed the application, have chosen the correct type of goods or services, and have followed all instructions for submitting a picture and specimen of your mark.

Step 5: If you receive an office action, respond promptly and thoroughly

If the USPTO sends you an office action, your trademark application won’t move any further until you respond. You’ll usually have six months to submit your response, but if you want your application to move quickly, you should respond as soon as you can.

At the same time, don’t be hasty. Some office actions raise issues that require complicated legal arguments. It is important for your response to address each of the issues in the office action fully. Otherwise, you will likely receive a final office action that gives you far more limited avenues for responding. You may want to hire a trademark lawyer to help you with your response.

The trademark registration process can be frustratingly slow, but if you choose a strong mark, do your research and submit a strong application, you’ll greatly reduce the chance of office actions and oppositions. If you run into delays, a quick and thorough response may put you back on the road to a fast trademark registration.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

76 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
79 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
95 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
94 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
101 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
119 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
146 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
146 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
150 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
156 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
175 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
182 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
217 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
213 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
222 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
224 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
241 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
248 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
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