USPTO is experiencing trademark delays

[Carrie Bader, 4-4-22, Head of Erise’s trademark practice,“Trademark Delays: Strategies to Work Around the USPTO Backlog,” , 7-9-24]

Over the past few years, it has been taking longer and longer to get a trademark registration from the United States Patent and Trademark Office (“USPTO”).

From 2008 to 2019, the average time it took the USPTO to issue a first office action—the initial review of an application—held fairly steady between 2.8 to 3.4 months. Beginning in the fourth quarter of 2020, however, the time until the first office action began climbing, reaching 7.4 months in the first quarter of 2022.

To put it in perspective, applicants now wait more than half a year before finding out if there are other marks blocking their registrations or if there are other issues. This creates a myriad of new considerations for trademark owners, particularly those considering foreign protection.