Back to Specifics of US trademarks

The trademark process takes a long time, especially in the US. Do we get any pending trademarks in the meantime?

Written by Jan Buza

Co-founder of Trama

Yes. From the filing date, you hold a pending trademark application, which gives you priority over anyone who files a similar mark after your filing date. If your application is ultimately approved, your rights run retroactively from that filing date, covering the entire period the application was pending.

During the pending period, you can use the ™ symbol to signal that trademark rights are being claimed. You cannot use the ® symbol or send cease and desist letters based on registration rights until the trademark is fully registered, but any infringement that begins after your filing date can be addressed retrospectively once registration is granted.

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