How Trademark Application Surge Could Delay Launch of Your New Business

July 16, 2021Media Mention
The Recorder

Intellectual Property Counsel, Natasha Shabani, shared her perspective regarding the surge in trademark applications that the USPTO has been receiving. The normal processing time was approximately 3 to 4 months. The USPTO is not taking upwards of seven months to process from the time of filling. She is recommending that businesses file their trademark applications sooner to account for the increase in processing times.


"It’s unclear. The trademark office says it’s taking measures to deal with it. They’re hiring additional examining attorneys, they’re trying to make their examination process more efficient, and they’re using some technology solutions, internally, to help streamline their processes. But it’s unclear whether these steps are going to result in a quick resolution of this backlog or whether it’s going to be an ongoing issue."

"If their budget permits, they will choose a first-choice trademark, and then file also for a second choice and maybe even a third choice. And that way if something goes wrong with their first choice, they can perhaps shift over."

"Yes, I would say allow ample time. And of course this is not always at the top of the priority list for somebody launching a new business, to think about trademark filings. But yes, it would be prudent, if possible, to allow more time."

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