Am I Protected Between the Filing and the Registration of My Trademark?

is your brand protected after you file your trademark application, but before it gets registered?

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TRANSCRIPT

In other words, do you get any benefit before your trademark actually gets registered?

And the answer to this question is, YES.

As soon as you apply for a trademark, it will get assigned a filing number and a date. And even though nobody is actually examining your trademark application, nobody is actually looking at it, it already has a date and it already has a number.

So anybody else who files a trademark after you, their trademark, if it is confusingly similar to yours, would be automatically rejected by the Trademarks Office.

So yes, there is value.

The protection, of course, is not as strong as after you get your trademark registration certificate.

But even with disputes, you can still send a demand letter to the other side who you think is creating confusion with your brand, who you think is using a trademark that is similar to yours, and basically say, Look, this is our brand, we have filed for a trademark, it will get registered, stop creating confusion now—and it will be a lot simpler for you to re-brand sooner rather than later, because we are going to get our trademark and you’re not going to get one, because we were there first!


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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!


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