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Q.Does a mark have to be in-use before filing a federal trademark application?
A.At the state level, trademark application are generally received, reviewed, and either granted or denied registration within 2 to 6 weeks. At the federal level, the registration process can take anywhere from 16 to 24 months, depending on the number of refusals noted by the examiner, and long depending on the number of oppositions filed by third parties after publication. It is because of the long federal registration process that many trademark attorneys recommend filing both a state and federal application simultaneously.
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