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Written by : Jerrie Mclure |
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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
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.
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