The USPTO trademark application process is meant to ensure applicants have a good-faith belief that their mark will not be infringing on another party’s rights. This can be an expensive and lengthy process, and there are several ways to expedite it.
Under the expedited process, the USPTO will examine your trademark application within one business day of filing. The expedited process is for applications that meet certain requirements and can be filed online, though only if you pay extra fees to cover the additional work done by examiners. Applications under the regular process are examined in three stages: Examining Attorney, Board of Appeals, then Director’s Review.
In order to expedite your trademark applications, you must file them electronically and pay an additional $750 in fees. Please note that this is an additional $750 on top of the regular processing fee ($225).
If you opt to expedite the process, your request will be reviewed within one business day and the application will be processed within 1 business day of filing. However, this is not an automatic process and applicants must have a good reason for requesting an expedited review.
Applicants must file their applications electronically and pay the fees using the TEAS Plus form (this is separate from a regular application). The applicant must also submit evidence that they have a legitimate need to speed up the registration process (or other information that justifies their request).
Expedited processing is commonly referred to as ‘TEAS Plus’ or ‘TEAS Reduced Fee (Standard)’ filing. The most common reason for requesting expedited processing is to beat a competitor to the punch. If you’re able to file your application and pay the fee within 15 days of when your competitor starts their own application, then you’re likely going to beat them in getting it approved.
A few other reasons why people might want a faster response from the USPTO:
- They want their mark on the market sooner, so they can begin marketing immediately after approval;
- They want quick action so they can avoid someone else applying for a similar mark before they do;
- They need to start using their new trademark right away (due diligence).
- The intent of this option to allow the USPTO to focus on applications in which issues may arise.
- You can file an application using the standard processing option, or you can request expedited processing by paying a fee and providing information about the urgency of your need for an earlier decision.
- If you choose expedited examination, your application will be assigned to an examiner who will review it within one business day after filing.
If you meet all of these requirements, you can file through the TEAS Plus form and the USPTO will process your application within one business day of filing.
- You must have a basic understanding of English. The TEAS Plus system has an online tutorial to help you learn how to use it.
- You need access to a scanner or digital camera in order to upload images and documents with your application.
Trademark resistance is a process that allows you to challenge your competitor’s trademark application. It is much quicker than standard processing, which typically takes 10-12 months. Overall, it’s a more efficient and less costly way of challenging another person or company from using your mark as theirs.
You may also request that your application be expedited if you have a good reason; however, in this case, there is no guarantee that it will be granted and no reduced fee. The USPTO will consider your request and decide if it should be expedited. To make the request for expediting an application:
- Include a statement of the reasons why you are requesting expediting. For example, explain why you need to get legal protection quickly (for example: “In order to sell goods or services”). You can include more than one reason if they are true.
- Include a statement of the reasons why you are requesting processing by mail (the USPTO only accepts paper filings by mail). For example, explain why mail filing would work better than submitting online or via fax (for example: “I do not have reliable internet access”).
US Trademark filing can be processed quickly if they qualify for reduced fee and e-filing. If you have a valid trademark application, you will save money by using the Trademark Electronic Application System (TEAS). TEAS is an online filing system that allows users to submit their applications through the internet, thus saving time and money on postage and mailing costs. You don’t need to visit an agent or a lawyer to file your trademark application; you can do it yourself and submit your documents electronically.
The United States Patent & Trademark Office (USPTO) offers a “Trademark Search” service through its website where people can search existing trademarks in order to see if there are any conflicts with their proposed brand name or logo design before actually submitting anything official for approval through TEAS/e-filing process.”
The process is pretty easy after you’ve filed your trademark application. The USPTO will review your application within one business day (or three weeks) and let you know if any changes need to be made before they make a decision on whether or not to register your mark. If all goes well, then congratulations on getting a new mark! Now it’s time for you to start protecting that brand name by filing other applications or registering in foreign countries as applicable–and don’t forget about renewing your registration regularly!