Can a Trademark be Used Before Obtaining Approvals?

Introduction

The trademark approval process can be a long one, taking anywhere from 12 to 18 months. During this time, you are free to use your mark and even claim it as an exclusive brand. However, if another company has already used the same or similar marks then it might be difficult for you to persuade the USPTO that your company has priority since you abandoned it for 3 years or more.

A Trademark can be Used Before it gets Approved

The ™ symbol is used to show that you have not yet secured your trademark rights through the U.S. Patent and Trademark Office (USPTO). However, there are limitations to when you can use the ™ symbol with your mark. In order for your use of the trademarked name or logo to be protected by law, it must be:

• Consistent in appearance and placement.
• Legible.
• Not misleading as to sponsorship or affiliation.
• Not confusingly similar to another registered mark in any way (including appearance, sound or meaning).

Trademarks are granted on a First-come, First-served Basis

In the United States, we have a first-to-use trademark system. This means that trademarks are granted on a first-come, first-served basis. The first company to use a trademark has priority over other companies.

The American system is different from many other countries’ systems, which operate under a “first-to-file” or “absolute novelty” system. In these countries, you cannot claim priority if someone else files their application after yours but before the registration date. In other words: they can take your idea and file their own application even if they did not invent it themselves. So, if you are filing for an international trademark in such countries, be sure to file early so as not to lose out on your opportunity.

The Trademark Approval Process

The process takes 12 to 18 months. During this time your company can use the ™ symbol next to your name or mark. Once the trademark is officially approved by the USPTO you can use the ® symbol.

If you are an inventor or business owner who has filed an application to register a trademark with the United States Patent and Trademark Office (USPTO), you may want to use the ™ symbol next to your name or mark. This symbol can be used while the USPTO reviews your application and determines if they want to grant you trademark rights in the United States.

The ™ symbol is not an indicator of quality and does not guarantee that you will receive any protection for your idea or product once it’s been patented. It merely shows that someone has applied for this right but hasn’t yet received final approval from the government agency responsible for granting rights-related patents: The U.S Patent & Trademark Office (USPTO).

File a Petition with the USPTO

If you believe that someone is infringing on your trademark, you can file a petition with the USPTO asking for their approval for your mark to be revoked or altered. This is only necessary if there is an infringement taking place. If a trademark has been registered but not used in commerce at all, it is invalid and cannot be used by anyone else. The Federal government does not police trademarks so it is up to you to take action against any infringement of your trademark.

Using a Trademark before Registration

It is important to note that if you begin using a mark before getting it registered with the federal government and then stop using it within 3 years, another company could register that same mark and it will be difficult for you to persuade a court that you have priority since you abandoned it.

However, if your mark has been used for more than 3 years and someone else tries to register or use a similar or identical trademark as yours, then it is likely that they will not be able to do so because of “common law” rights. You can file a petition with the USPTO asking for their approval of your mark’s registration status.

While waiting for approval, trademark holders need to take action. The most important thing is to make sure that you are vigilant in protecting your trademark. If you notice someone using your trademark without permission, it’s important that you take action right away. You can file a petition with the USPTO asking for their approval for your mark to be revoked or altered. You can also file a lawsuit against the infringing party and ask the court to order them to stop using the mark in question. Finally, if an infringing party refuses to stop using your trademark after being contacted by letter or email from an attorney representing you, then consider sending another written communication asking them again directly (and making clear) that they must stop using/selling/distributing products bearing this mark immediately or face serious consequences (e.g., being sued).

Conclusion

In conclusion, it is important to note that if you begin using a mark before getting it registered with the federal government and then stop using it within 3 years, another company could register that same mark and it will be difficult for you to persuade a court that you have priority since you abandoned it.