How Long Does It Take to Get a Trademark? (2026 USPTO Timeline)

Updated November 12, 2026.

Short answer: For a U.S. federal trademark, the USPTO currently reports an average of 4.3 months from filing to the first examining action, and 10.4 months from filing until an application either registers or is abandoned (USPTO data as of October 1, 2026). A clean application already in use can register in under a year. An Office Action, an opposition, or an intent-to-use filing that waits on a Statement of Use can add months, and in the intent-to-use case up to three more years. No one can promise you a registration date, but you can plan around each stage and avoid the delays you control.

Markavo is a flat-fee trademark law firm. Licensed attorneys prepare and file U.S. (and Mexico) applications and handle the post-filing work. You can meet them on our About page. This guide walks through the USPTO trademark timeline stage by stage, using the USPTO's own published wait times.

The USPTO trademark timeline at a glance

Averages are averages. The USPTO notes that your wait "may be less than the average or longer than the average."

Stage 1: Filing (day 0)

Applications are filed online through USPTO Trademark Center. Once the filing meets the minimum requirements, the USPTO assigns a serial number and the application waits for an examining attorney.

What you file decides a lot of what happens later:

• Filing basis. A use-based application (Section 1(a)) says you already use the mark in commerce and includes a specimen. An intent-to-use application (Section 1(b)) lets you reserve your place in line before launch, but it adds the Notice of Allowance and Statement of Use stages at the end.
• Identification of goods and services. Choosing entries from the Trademark ID Manual avoids the USPTO's $200-per-class free-form surcharge and gives the examiner wording it already accepts.
• Clearance. A conflicting mark you could have found before filing is one of the most common reasons for a refusal. See our USPTO trademark search guide.

The base USPTO filing fee is $350 per class. For the full fee picture, including surcharges and later filings, see How much does a trademark cost in 2026?

Stage 2: Waiting for an examining attorney (about 4 to 5 months)

This is the longest quiet stretch. As of October 1, 2026, the USPTO reports an average of 4.3 months from filing to the first examining action, against a target of 5.0 months.

Two queue details matter:

• The USPTO "generally examines applications in the order in which they are received" (TMEP §702.02).
• If the same applicant files more than one application within a three-month period, the USPTO places them all (up to 10) in the queue with the one filed first.

During this stage, nothing is wrong if you hear nothing. You can follow the application in TSDR. Our TSDR guide explains what each status means.

Stage 3: Examination

The examining attorney checks the application against the rules, searches the USPTO database for conflicting marks, and reviews the drawing and any specimen. There are two outcomes:

1. Approved for publication. The mark moves to Stage 5.
2. Office Action. The examiner issues a letter with refusals or requirements you must address.

Stage 4: Office Actions (adds about 3 to 6 months or more)

An Office Action is the most common reason a trademark takes longer than average. You must respond within three months of the issue date. One optional three-month extension is available for a $125 USPTO fee. Madrid Protocol (Section 66(a)) applicants get six months with no extension. Missing the deadline abandons the application.

After you respond, the examiner reviews the response. If it resolves everything, the mark is approved for publication. If not, a final Office Action can follow, and options like a request for reconsideration or an appeal add more time.

How long a response takes depends on what the examiner asks for:

• Simple requirements (an amended identification, a disclaimer) can often be resolved in one response.
• Specimen refusals may need a substitute specimen or a change of filing basis. See Trademark specimen refusal: causes and how to fix it.
• Likelihood-of-confusion refusals under Section 2(d) usually need legal argument, evidence, or a consent agreement. See Likelihood of confusion: Section 2(d) refusal.

For deadlines, response types and final refusals, see our full guide: What is a trademark Office Action? Markavo responds to any Office Action for a flat $149 with a guarantee: if the response is unsuccessful, we waive our legal fees on a new application and you pay only the $450 government fee we charge (Guaranteed Office Action Response).

Stage 5: Publication in the Official Gazette (about 1 month after approval)

Once the examiner approves the mark, it is published in the Trademark Official Gazette, a weekly USPTO publication. The USPTO says publication happens approximately one month after approval. You'll receive a notice of publication with the date. For publication and post-examination procedure, see TMEP Chapter 1500.

Stage 6: The 30-day opposition period

Anyone who believes they may be damaged by your registration has 30 days from the publication date to file an opposition, or to ask for more time to oppose.

Most applications pass this stage without an opposition. If one is filed, the case moves to the Trademark Trial and Appeal Board (TTAB). An opposition works much like a court case, and it can extend the time between publication and registration well beyond the averages in this guide.

Stage 7: Registration or Notice of Allowance

What happens after the opposition period depends on your filing basis.

Use-based applications (Section 1(a)): If there is no opposition, the USPTO registers the mark. The USPTO says it can take three to four months from the notice of publication before you receive official notice of the next status.

Intent-to-use applications (Section 1(b)): The USPTO issues a Notice of Allowance about eight weeks after publication if no opposition or extension request is filed. A Notice of Allowance means the mark is allowed. It does not mean the mark is registered yet.

Stage 8 (intent-to-use only): Statement of Use and extensions

After the Notice of Allowance, you have six months to either file a Statement of Use (SOU) showing the mark is in use, or request a six-month extension.

• First extension: filed within six months of the Notice of Allowance, with a verified statement of continued intent to use.
• Up to four more extensions: each covers another six months and requires a showing of good cause, such as ongoing efforts to launch.
• Maximum: 36 months from the Notice of Allowance date if you take all five extensions.
• USPTO fees: $150 per class for an SOU and $125 per class for each extension.

The USPTO also has to process the SOU. Its published wait times currently show an average of 53 days for Statements of Use, against a target of 15 days. If the SOU is approved, the USPTO issues the registration within approximately two months. Statement of Use rules are covered in TMEP Chapter 1100 (§§1109.03, 1109.16).

If you start using the mark before it is approved for publication, you can file an Amendment to Allege Use instead. That converts the application to a use basis and skips the Notice of Allowance stage.

For specimens and examples, see our Statement of Use guide. Markavo files a Statement of Use, or a six-month extension, for a $125 legal fee plus the government fee of $125–$150 per class (Markavo price list).

Realistic timelines by scenario

These are planning estimates built from the USPTO averages above, not promises. Every application is different.

Can you speed up a trademark registration?

There is no paid "fast lane" for ordinary applications. A Petition to Make Special can advance the initial examination out of turn, but it is a request to the Director that must include the petition fee ($400 electronic, under 37 C.F.R. §2.6), an explanation of why special action is needed, and a statement of facts supported by evidence and a signed declaration (TMEP §1710). The TMEP calls it "an extraordinary remedy that is granted only when very special circumstances exist." Commonly accepted evidence includes a court complaint showing pending litigation over the mark, a cease-and-desist letter showing threatened litigation, or a regulation showing that registration is required for government approval of the goods or services. An upcoming ad campaign does not qualify, and neither does wanting a registration to sell on a particular website (such as a marketplace brand program), because those apply to many applicants (TMEP §1710.01).

What you can control is avoiding delay:

• Clear the mark before filing so a Section 2(d) refusal is less likely.
• Use Trademark ID Manual entries for your goods and services.
• Submit a real specimen that shows the mark in actual use, not a mockup.
• Answer Office Actions early rather than on the last day, and only take the extension if you need it.
• Watch your deadlines. The USPTO recommends checking your status every three to four months.

What if you miss a deadline?

Missing an Office Action or Statement of Use deadline abandons the application. You can usually file a petition to revive within two months of the notice of abandonment, with a $250 USPTO fee. If that window passes, the only option is a new application with new fees and a new place at the back of the queue. Markavo files petitions to revive for a $199 legal fee plus the USPTO fee.

After registration: how long a trademark lasts

A federal registration can last indefinitely, as long as you keep using the mark and file the maintenance documents on time: a declaration of use between the fifth and sixth year after registration, then a combined declaration and renewal between the ninth and tenth year, and every ten years after that (TMEP Chapter 1600). See Understanding the lifespan of trademark protection and our renewals guide.

FAQ

How long does it take to get a trademark approved?

The USPTO currently averages 4.3 months from filing to the first examining action (data as of Oct 1, 2026). If the examiner approves the application at that point, it moves to publication about a month later.

How long does trademark registration take from start to finish?

The USPTO's average from filing to registration or abandonment is 10.4 months (data as of Oct 1, 2026). Office Actions, oppositions, and intent-to-use filings can extend that.

Can I use my brand while my trademark application is pending?

Yes. You can use the ™ symbol on a pending mark. Use the ® symbol only after the USPTO registers it.

How long is the opposition period for a trademark?

30 days from the date the mark is published in the Official Gazette. A potential opposer can ask the USPTO for more time to oppose within that window.

How long do I have to file a Statement of Use?

Six months from the Notice of Allowance. With up to five six-month extensions, the maximum is 36 months from the Notice of Allowance.

Does hiring an attorney make the USPTO faster?

No. The USPTO queue is the same for everyone. An attorney can help you avoid the mistakes that cause refusals, respond to Office Actions correctly, and keep you from missing deadlines. Applicants domiciled outside the United States must be represented by a U.S.-licensed attorney.

Is there a way to expedite a trademark?

Only through a Petition to Make Special, which is granted only in very special circumstances (for example, pending or threatened litigation over the mark) and needs supporting evidence, a declaration, and the $400 USPTO petition fee. Wanting a registration for a marketplace brand program does not qualify. See TMEP §1710.

File with a trademark attorney

Markavo attorneys prepare and file your application in Trademark Center, choose ID Manual descriptions, and stay with your mark through Office Actions, the Statement of Use, and renewals at published flat fees. Plans start at a $99 attorney fee plus the $450 per-class government fee Markavo charges. See U.S. trademark plans or meet the attorneys on our About page.

This article is general information, not legal advice for your specific application.