Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

3 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Las Vegas, NV
  • Licensed in Nevada

A: In Nevada, the time required to file a patent and trademark can vary depending on factors such as the type of patent or trademark and the complexity of the invention or design. Generally, the process for both can take several months to several years, involving steps such as examination, review, and potential revisions before a decision is made. While both patent and trademark applications are eventually made publicly available, they do not become immediately visible upon filing. The United States Patent and Trademark Office (USPTO) requires time for internal processing and review before applications are published on their public database.

Regarding your attorney's progress, if you've been informed that the application keeps facing rejections, it's essential to understand the reasons behind these rejections. A skilled patent and trademark attorney works to address any issues to improve the chances of a successful filing. If you're concerned about the rejections or the overall quality of the application process, seeking a second opinion from another attorney is an option. Ultimately, the decision to continue with your current attorney or to consult another one depends on your goals and preferences.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Trademarks Lawyer
  • Beverly Hills, CA

A: An application for federal trademark registration is filed online and immediately assigned a serial number, and it is publicly accessible within a few days at most. It could not be rejected yet, as it takes over 8 months before an application is assigned to an examining attorney. Your attorney is not being candid or truthful.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Filing a patent can be a lengthy process and it generally takes about 1 to 3 years for a patent to be granted, while trademark registrations can typically be finalized within 6 months to a year if there are no oppositions or refusals. Regarding public availability, once a patent application is published, which generally happens 18 months after the earliest filing date, it will become publicly accessible through the USPTO; trademark applications become public shortly after filing. If you are facing continuous rejections and lack of transparency from your current attorney, you have every right to consider hiring another attorney to represent you in these matters; make sure to procure all necessary documents and information pertaining to your case from your current attorney before making a switch.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.