Can i use my trademark while its pending [FAQs]

Last updated : Aug 1, 2022

When can I use TM on my logo?

TM stands for trademark. The TM symbol (often seen in superscript like this: TM) is usually used in connection with an unregistered mark—a term, slogan, logo, or other indicator—to provide notice to potential infringers that common law rights in the mark are claimed.

What happens to a trademark if it is not being used?

To acquire and maintain trademark rights, it comes down to use of the mark. If the mark is no longer used, no longer used in association with all of the goods/services identified in registration for the mark, or if the mark is used incorrectly, rights in the mark will be lost.

Can I use the TM symbol without registering?

Anyone can use a TM symbol regardless of whether they've successfully registered the trademark, or whether they've applied for a trademark at all. Even if the trademark application is rejected, the owner can continue to use the TM symbol.

Can I put R in my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

Why would a trademark get denied?

A mark will be refused as deceptively misdescriptive if (1) the mark misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services; and (2) the misrepresentation conveyed by the mark is plausible.

Are trademarks first to file?

Trademark rights generally belong not to the first trademark filer, but the first user. In the US, trademark rights generally go to one who was first to use the mark in commerce, meaning that whoever was first to use a mark on certain goods or services would be presumed the lawful owner of the trademark.

Which of the following is the most common reason that trademarks are denied?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted.

Can I trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

What's the difference between TM and R?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

Should I trademark or copyright my logo?

How to legally protect your logo design. To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Should logos have R or TM?

The "®" indicates that a trademark has been registered with a country's trademark office, and the "™" means that the user is claiming rights to the brand without registering the mark.

How often do trademarks get rejected?

by Brette Sember, J.D. If you've filed a trademark application, you're probably excited to get started using your mark. But not so fast — according to the United States Patent and Trademark Office (USPTO), about 18% of applications are rejected.

What percentage of trademark applications are rejected?

Absolutely. According to the USPTO, approximately 18% of applications failed during first action in 2016. When you think about it, that number is quite shocking. It means nearly 1-in-5 trademark applications were refused.

Is it difficult to trademark a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

Should I trademark before LLC?

It is important to get BOTH an LLC and a trademark and it is best to form the LLC BEFORE applying for a trademark. Each offers different protections, and they work together to provide broad protection for your business. It is better to form an LLC before filing a trademark application.

How do you prove a trademark is first used?

Your Domain. If you publish a website and own a domain name, this can serve as proof of your first use of your trademark. The trademark must appear on or near the products you sell. Because domain names list a date they were put into use, this supports your claim to your trademark.

How long does it take to get something trademarked?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How do you get around a trademark name?

1. Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.
2. Enlist help.
3. Consider general liability insurance.
4. Register your trademark.

Can similar names be trademarked?

If a proposed trademark name is similar to an already registered one and could be confusing, the USPTO won't register it. To be that confusing, the trademark names must be identical and must belong in the same services or goods class.

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trademark pending everything you need to know what is trademark pending trademark pending indicates that an application for trademark protection is in review with the United States Patent and Trademark Office or USPTO trademark symbols explained the trademark symbols are TM and SM T M stands for trademark which represents the protection on goods or a company that manufactures goods S M stands for service mark typically used for a company that provides services uses for the symbols individuals and companies can use these symbols freely without any legal documentation or approval they don't actually hold any legal significance the registered trademark symbol the registered trademark symbol has legal restrictions and federal law regulates its use you can only use this mark if you've received a trademark registration certificate from the USPTO not when a trademark application is pending you can only use the registered mark with the logo symbol phrase word or design that received the trademark protection how to use the symbols when adding any of the symbols to your logo phrase word or design print the symbols in superscript text at the top right corner if that area doesn't look good you can drop the symbols to the bottom right corner why is trademark pending important the purpose of using trademark or service marks to indicate a pending trademark is to claim your design reasons to consider not using trademark pending if you choose not to use the trademark or service marks there are no legal requirements to do so but you run the risk of having another company or person use a similar or identical logo or symbol common law trademark common law trademark rights protect businesses or people who don't use the trademark or service mark symbols common law trademark rights using your logo phrase design word or image will actually qualify you for common law trademark rights when you use the trademark or service mark symbols they help generate awareness of your claim to this specific mark get legal help with trademark registration if you have questions about your trademark pending status you can post your question or concern on up councils marketplace

Thanks for your comment Grisel Delacerda, have a nice day.
- Jerrie Mclure, Staff Member

hi everybody I'm trademark attorney Josh gurbin and welcome to episode 1 of ask a trademark attorney so today's question is what trademark rights do I have while my application is pending with the USPTO the answer is not many while your application will certainly hold your place in line and not allow somebody else to file a same or similar trademark it does not give you any enforcement rights to go ask somebody to stop using a trademark based on your federal rights because you just don't have any yet you filed a trademark application do not yet have a registration the trademark application process typically takes about 8 to 10 months so once your trademark is finally registered then you can go out and police your trademark the good news is is that your rights will be retroactive to the filing date this means if you file your trademark on January 1st and it registers on November 1st you can actually go back and enforce the trademark based on rights from January 1st so the rights are retroactive to the filing date but while your trademark application is pending you do not have significant legal rights especially enough legal rights to conduct enforcement based on that application you

Thanks Patrice your participation is very much appreciated
- Jerrie Mclure

About the author

Jerrie Mclure

I've studied soil science at Clayton State University in Morrow and I am an expert in robotic spacecraft. I usually feel discontent. My previous job was aircraft launch and recovery specialist I held this position for 29 years, I love talking about vintage clothing and swimming. Huge fan of Danny Thomas I practice canoe sprint and collect phone cards.