USPTO Trademark Delays

Recently,

many of our clients have noticed that their trademark applications are not being processed at the anticipated rate. Specifically, the USPTO has been assigning application/serial numbers after filing, but the applications are not being entered into the Trademark Status & Document Retrieval (TSDR) database or the Trademark Electronic Search System (TESS).

We investigated,

and found that the Trademark Office is having software problems that are causing some new trademark applications to not show up in TDSDR or TESS since around February of this year. The Office is struggling to figure out why some trademark applications go through TEAS and appear on TDSR and some do not.

Examiners have been manually entering the trademark applications that fail to appear in TDSR after being electronically filed, but there is a massive backlog. New applications have increased by more than 58% since last year, and according to one email from staff, they are still manually entering applications from February!

Initial applications normally show up in the system within a week, but staff informed us that this may now take 2-3 months. It normally takes about 3 months for an application to be assigned to a trademark examiner, but the staff at the USPTO estimated that the applications will take closer to 5 months or more.

Unfortunately,

the Trademark Office is not being proactive about warning filers and Attorneys of this problem. Staff told us they are “taking many actions” to help applications move along more swiftly and continue to be processed in the order they were received. In the meantime, applicants should be prepared for delays, particularly as it is not possible to obtain Amazon Brand Registry without a registered trademark.

We cannot petition the Trademark Office to expedite these examinations, but our staff will be available to assist with all necessary trademark matters, and answer questions. Many of our clients are frustrated and having to change their business plans, and we sympathize. We look forward to your applications being processed so we can get you your registration as soon as possible.