How Long Does a Trademark Take to Register?

By Nuzayra Haque-Shah, Esq., California-licensed intellectual property attorney, NH Legal P.C. Updated November 2026. This is general information, not legal advice for your situation.

Short answer: about 12 to 18 months from filing to registration for a typical U.S. trademark application. It runs longer if the USPTO issues an office action, if someone opposes the mark, or if you filed on an intent-to-use basis.

The trademark timeline, step by step

1. Search and strategy (before filing): comprehensive search and attorney analysis, usually days, not months.
2. Filing: your application gets a serial number and a filing date, which sets your priority.
3. Waiting for an examiner: the longest quiet stretch. Check current USPTO wait times on the USPTO dashboard.
4. Examination: approval, or an office action you must answer by the deadline (see office action responses).
5. Publication for opposition: third parties have 30 days to oppose (see TTAB opposition defense).
6. Registration, or for intent-to-use filings, a Notice of Allowance followed by proof of use.

How to avoid the delays you control

Most added months come from refusals a search would have flagged, and from vague descriptions of goods and services. NH Legal’s StartUp Trademark Package ($3,999 flat plus USPTO fees) includes two comprehensive searches and filing strategy for that reason. More: trademark attorney cost, do I need a lawyer?

Quick answers

How long does a trademark take?

Plan on roughly 12 to 18 months from filing to registration for a typical U.S. application. Office actions, oppositions, or an intent-to-use filing can extend that.

Can I use my brand while the trademark is pending?

Yes, and you can use the TM symbol. The ® symbol is only allowed once the USPTO registers the mark.

What slows a trademark application down?

Office actions from the USPTO examiner, a third-party opposition during the publication period, and, for intent-to-use filings, the time it takes you to file proof of use.

Next step: see every flat fee on our pricing page, or speak with our legal team about your mark.

Key facts and official sources

• Average time to first USPTO examining action: 4.3 months; to registration or abandonment: 10.4 months (USPTO, data as of October 1, 2026).
• Office action response deadline: three months, with a possible three-month extension (USPTO, effective December 3, 2022).
• Statement of Use: $150 per class; Amendment to Allege Use: $150 per class.

Sources: USPTO, Trademark processing wait times (data as of October 1, 2026); USPTO, New deadlines to respond to office actions; USPTO, Summary of 2025 trademark fee changes. Government fees change; check the source before filing. This page is general information, not legal advice.