You’ve filed your trademark application. The receipt has an application number on it, your lawyer says “now we wait,” and nothing visible happens for months. Here’s what’s actually going on, stage by stage, and where the process can wobble.
Day one: you can already use ™
From the moment of filing, you may mark your brand with ™ (not ®; that waits for registration), and your eventual rights will date back to the application date. Filing early is how you win the queue.
Examination: the registry reads your application
An examiner checks your mark against the register and the law, then issues an examination report. Many applications receive objections, most commonly that the mark is descriptive, or that similar marks already exist. An objection is not a rejection; it’s an argument to answer, in a written response and sometimes at a hearing. This is where drafting quality at the filing stage pays for itself.
Advertisement: your mark goes public
Once the examiner is satisfied, the mark is advertised in the Trade Marks Journal. For four months, anyone may oppose it. Most marks sail through; some attract oppositions from competitors or owners of similar marks. Oppositions have their own pleading-and-evidence timetable: slower, but survivable with a good record of your use.
Registration: the certificate, and what it doesn’t do
If no opposition succeeds, the mark registers and you may finally use ®. Two things the certificate does not do: it doesn’t renew itself (registrations run ten years at a time), and it doesn’t watch the register for you; conflicting new applications are yours to spot and oppose. That’s what portfolio management is for.
How long does all this take?
A clean application, no objections, no oppositions, commonly completes in 8–18 months. Objections and oppositions add time, not doom. The worst outcome is the application abandoned because a deadline passed unwatched; the registry will not chase you.
Our trademark practice handles every stage, and tells you honestly, at each one, where you stand. Talk to us.
This note is general information, not legal advice. For advice on a specific matter, consult a qualified advocate.