A few days ago, a friend mentioned encountering the “blackout period” when applying for trademark registration. Two trademark names were applied for just days apart, and the text was essentially identical. The blackout period is one reason trademark applications might fail, and it’s an unavoidable issue.
After submitting a trademark application, it takes about 20 days to one month for the trademark information to appear on the official Trademark Office website. How to handle the blackout period during trademark registration?
Apply Early After Clear Search: Once you’ve thoroughly searched a name and found no issues, apply for registration as soon as possible. Lao Yang from Putui Intellectual Property encountered a case where a name was clear upon initial search, but the applicant delayed. By the time they decided to register and rechecked, someone else had already applied for a highly similar name that had received preliminary approval.
Choose Highly Distinctive Names: When creating names, aim for strong distinctiveness and uniqueness. Names like this are less likely to accidentally conflict with applications hidden in the blackout period.
Additionally: If you urgently need a trademark through direct application, consider applying for multiple names simultaneously. This strategy can also increase your overall success rate of obtaining registration.