Can you protect your trademark before you start using it?
A trademark can’t protect an idea or an invention. The only way to protect an idea is to keep it a secret, but some ideas can’t be kept secret once they are being used. For example, the idea for this website isn’t a secret now that we’ve launched it. The only way to protect an invention is to get a patent.
Can I use my trademark while its pending?
Essentially, you cannot ask someone to stop using a trademark based on your federal rights while your application is pending, because you do not yet have the rights of a federal trademark registration. The good news is that your rights will be retroactive to your filing date.
How long do trademarks take to be approved?
12 to 18 months
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.
What is the difference between a trademark and a copyright?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
Do I copyright or trademark my logo?
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.
Should you file a trademark application now or wait?
To ensure you retain the rights to your trademark you should consider filing an application now, even if your product is not yet market-ready. Building a successful brand takes time. It needs to be compelling, strong, and memorable. People need to associate the brand with the product.
Do I need to register my brand under trademark law?
On the other hand, a federal trademark registration can provide nationwide legal protection for your brand in connection with particular goods or services. It is your choice whether to protect your brand under trademark law. Many business owners choose to protect their brand names for their main or dominant goods or services.
Can I use a trademark in the future?
In general, you must use a trademark in your business in order to have trademark rights. But the USPTO offers a way for businesses to preserve their right to use a trademark in the future. When you file a trademark registration application, you must either apply based on “use in commerce” of your trademark, or “intent to use.”
How long does it take to get a trademark in commerce?
Once the USPTO approves your application, it requires you to start using the mark in commerce within six months. Alternatively, companies can file for an extension within that six-month window.