Timelines for the trademark application and post-registration process

These timelines show the steps and time frames for processing a trademark application and maintaining a trademark registration. 

Applying to register your trademark with the USPTO begins a legal process. During this process, you must meet legal requirements and deadlines, and you must pay all required fees. Not all applied-for trademarks register.

If your trademark registers, you must meet additional legal requirements, pay required fees, and meet statutory deadlines to maintain your registration and keep it active.

Which timeline applies to your situation?

Your timeline depends on the filing basis you select in your application. The filing bases under different sections of the Trademark Act are listed below. Click on a filing basis to see its timeline.

If you are applying for a trademark

  • Section 1(a): You are currently using your trademark in commerce with your goods and/or services.
  • Section 1(b): You have a bona fide intention to use your trademark in commerce with your goods and/or services in the near future.
  • Section 44(d): You own an earlier-filed foreign application that was filed within six months of your U.S. application for the same trademark and the same goods and/or services. 
  • Section 44(e): You own a foreign registration of the same trademark for the same goods and/or services from your country of origin.
  • Section 66(a): Your application is based on a filing under the Madrid Protocol, a filing treaty that ensures protection of trademarks in multiple countries.

If you want to keep your registered trademark active