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Is a pending trademark enough for sending a cease and desist letter, or does it have to be registered?

Written by Jan Buza

Co-founder of Trama

A fully registered trademark is required before sending a cease and desist letter. A pending application does not give you the enforcement rights needed to demand a third party stop using a mark.

Once your trademark is registered, those rights run retroactively from your filing date. This means that after registration, you can send a cease and desist letter to any party whose infringing use began after your filing date, even if the infringement occurred during the pending period.

If infringement is occurring while your application is pending, document it carefully. Once registration is granted, you will have the legal basis to act on it.

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