Can you expedite a US trademark application?
Under limited circumstances, it may be possible to speed up your trademark application. For most applicants, however, expediting a trademark registration will be unavailable unless they have a really good excuse. Recognize that it is significantly more difficult to expedite a trademark application than a patent application. To speed up patent applications, you have options like Track One and Rocket Docket that require more USPTO fees and a bit more work upfront. Such fast track options typically do not exist for trademark applications.
Need to speed up your trademark application? Call US trademark and patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to see how we can get your trademark registered more quickly.
I have a canceled or expired trademark registration: What are my options?
Expediting a trademark application process requires a narrow set of special circumstances that will not apply to most applicants. In fact, the USPTO trademark manual even states that expediting a trademark application will not be available to most applicants. So this extraordinary remedy is limited by design. Absent such special circumstances, the USPTO examines trademark applications in the order they are received.
A trademark application may be expedited if a trademark registration was inadvertently canceled or expired. To file a request to make special based on an inadvertently expired trademark registration, the applicant must meet the following conditions.
- First, the mark in the new application must be identical to the canceled or expired registered trademark.
- Second, the goods or services in the new application must be identical to or narrower than those in the canceled or expired trademark registration. In other words, you cannot add new items to the new trademark application that were not included in the old registration. You can subtract items from the old registration.
- Third, the applicant filing the new application must be the same entity that owned the old registration.
No government fee is required for this particular request.
A registration canceled as a result of a cancellation proceeding filed by a third party would not be inadvertent.
How can you speed up a trademark application?
What if you do not own an inadvertently expired trademark registration? You can try speed up your trademark application if certain special circumstances apply. For a USPTO fee ($250 at the time of this post), you can file a Petition to Make Special to advance a trademark application out of turn.
This petition will require evidence of very special circumstances, such as a demonstrable possibility of the loss of substantial rights.
For example, circumstances showing the possibility of the loss of substantial rights may include pieces of evidence related to:
- concurrent litigation
- government regulations showing that a trademark registration is required to secure governmental approval for the goods or services
- cease-and-desist letters alleging trademark infringement and/or threatening litigation
What situations would not support making a trademark application special?
To speed up the examination of trademark application, you must have unique circumstances showing the potential loss of significant trademark rights. Here are some situations that fail to support a Petition to Make Special:
- embarking on an advertising campaign
- qualifying to sell goods or services on a particular website (e.g., Amazon Brand Registry)
Need to expedite your trademark application?
Reach out to US patent and trademark attorney Vic Lin at vlin@icaplaw.com or call (949) 223-9623 to explore how we can get your trademark registered with fewer delays.
