Florida trademark applicants have two options for registration – filing with the Florida Department of State or the United States Patent and Trademark Office (USPTO). When compared to state registration, applying for a trademark with USPTO is a time-consuming experience.
How is it possible to speed up a trademark application in Florida? Read on to find out.
Federal Trademark Registration for Florida Applicants – The Essentials
Applying for a federal trademark with USPTO is often a test of patience. The processing time required for standard trademark applications varies between 8 to 12 months. Depending on several factors, this timeframe may extend to 18 months or longer.
Many applicants are already using their marks associated with goods or services in the marketplace, but it is not necessarily an advantage for an application.
Some elements associated with an application may result in rejection, which will require the applicant to spend more time and money to respond. The more delays involved in the process, the longer the timeline becomes.
Does USPTO Expedite Trademark Applications? – A Realistic Viewpoint
In most cases, USPTO will not expedite the processing period required to examine a trademark application. However, every rule has an exception, which is not different in this situation. In limited circumstances, the federal agency may expedite certain trademark applications.
As long as the applicant’s situation meets the requirement for special processing status established by USPTO, it will be processed before the standard applications. Experienced legal guidance is fundamental assess your case and identify whether your case meets USPTO’s conditions.
How Can I Speed Up My Florida Trademark Application? – Exceptions to the Rule
The first step to require expedited processing with USPTO is consulting with an expert attorney. Without expert legal knowledge and a detailed assessment of the case, it is not possible to determine whether it applies to your case.
If expedited processing is applicable, you must file a proper petition after applying with USPTO. Please note that the petition must be filed before the initial examination, which requires accurate timing.
There are two procedures by which applications can be made “special,” which expedites their examination. Applicants can either request or petition to make the application special.
Section 702.02 of USPTO’s Trademark Manual of Examining Procedure provides that you can request expedited processing if “a registration of a mark was the subject of a previous registration that was inadvertently canceled or expired.”
This process requires no additional fees. The same section specifies that “the mark in the new application must be identical to the mark in the canceled or expired registration, and the goods/services in the new application must be identical to or narrower than the goods/services in the canceled or expired registration.”
Another option is to petition USPTO’s Director to make an application special. Please note that the criteria established for this exception are remarkably demanding. These special circumstances must be related to the possibility of loss over the mark, such as:
- The mark is subject to infringement,
- The mark is involved in pending litigation, or
- A foreign registration depends on the approval of the trademark