How long is the trade mark registration process?

The trade mark registration process can vary in length depending on which jurisdiction you have filed your trade mark application in. For example, whilst applications filed in the UK typically take 4-5 months to register and EU applications take 5-6 months, applications filed in the USA can take much longer, sometimes totalling 12-18 months.

The trade mark registration process usually involves three phases:

• The examination period. This is when the examiner reviews your application and decides whether it can proceed to publication.
• The opposition period. This is when your application has been published on the register and third parties can decide whether they want to file an opposition against your mark.
• The registration period. This is when your application has progressed through the opposition period without any challenges and the trade mark office confirms your mark can proceed to registration.

Please see a summary below of trade mark registration timeframes in jurisdictions which tend to be key for our clients.

UK

The trade mark registration process usually takes 4-5 months from start to finish. Breaking this down into the phases set out above:

• The examination period typically takes 1 month, provided there are no significant issues or delays.
• The opposition period lasts for 2 months. This period may be extended by 1 month if an opponent files a notice of threatened opposition.
• The registration period typically takes 1 month.

EU

The trade mark registration process usually takes 5-6 months from start to finish. Breaking this down:

• The examination period typically takes 1 month, provided there are no significant issues or delays.
• The opposition period lasts for 3 months, which may be extended if the opposition involves complex issues or requires additional evidence.
• The registration period typically takes 1 month.

USA

The trade mark registration process usually takes 12-18 months from start to finish. Breaking this down:

• The examination period generally takes 8-10 months, provided there are no significant issues or delays.
• The opposition period lasts for 30 days. This period may be extended by 60 days upon request.
• The registration period typically takes 2-3 months.

Australia

The trade mark registration process usually takes 7-8 months from start to finish. Breaking this down:

• The examination period usually takes 3-4 months.
• The opposition period lasts for 2 months. This period may be extended by 1 month if a request for an extension is made.
• The registration period typically takes 1 month.

Canada

The trade mark registration process usually takes 2-3 years from start to finish, and potentially even longer. Breaking this down:

• The time taken for the examination period can vary depending on the complexity of the application and the backlog at the Canadian Intellectual Property Office, but is generally at least 2 years.
• The opposition period lasts for 2 months, which may be extended under certain circumstances.
• The duration of the registration period can vary significantly, ranging from several months for straightforward applications with no objections or oppositions, to several years for more complex cases.

China

The trade mark registration process usually takes 12-14 months from start to finish. Breaking this down:

• The examination period usually takes 9 months.
• The opposition period lasts for 3 months.
• The registration period typically takes 1-2 months.

WIPO

The trade mark registration process varies depending on which designated countries the application is filed in.

Once an international application is filed, the national offices of the designated countries have 12 months (or 18 months in some cases) to refuse the application.

Once the application is filed, it is treated as a bundle of national registrations in the designated countries, and each country processes the application according to its own laws (and timeframes).

If you would like to file any trade mark applications, we are here to help. Just get in touch at info@briffa.com or through our website form.

Written by Solicitor Joe Clarke