Can you use a trademark while it is pending?
If possible wait until your trademark becomes registered in order to use it, and then you know you are fully covered for legal protection for 10 years. If for some reason waiting is not a possibility, ensure you conduct as many searches and seek as much professional advice as possible.
Can you use trademark before approval?
There is no requirement to apply for a trademark prior to using it. Trademark rights in the U.S. are granted to the first one who uses a mark in commerce on particular goods or services, not to those who are first to file with the exception of Intent-To-Use applications that ultimately mature into registrations.
Do you get paid if someone uses your trademark?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
What are common law trademark rights?
A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks.
How do you know if a trademark is pending?
It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.
What if someone uses my trademark name?
If the person or entity receives your letter and continues to use your trademark, it’s time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.
What happens if someone copies your trademark?
The initial step would be to contact a lawyer who has some experience in the field of trademark law and then follow their advice. Such issues are usually dealt with by sending a caution letter to the business infringing your brand name and asking them to refrain from using your trademark logo or tagline.
Can trademark be protected by registering before start using it?
Trademarks are protected by intellectual property rights. How can I protect my trademark? At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees.