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TradeMark or ServiceMark question

4:34 pm on Mar 26, 2008 (gmt 0)

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My question comes in regard to a similar thread, but that thread has already been semi hijacked once, so I thought I would ask it in a new thread.

I did some reading at the USPTO and did some searching for conflicts on my "logo". I'm not sure whether I've found a conflict or not, but browsing some of the trademarks on file, I'm finding 2 and 3 years between application date and actual registration date. 3 years is a long time to wait to use a logo.

How do you act while your trademark is in the registration process? How do you promote your brand? Do you just hold off on the business altogether, or use some alternate but similar brand identifier?

5:17 pm on Mar 26, 2008 (gmt 0)

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However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.

Documentation [uspto.gov]

There were probably objections against the mark, or failure to fully meet the requirements for describing the mark and the application may have been revised several times, with several months between submission and review. Our mark was submitted and revised once because we needed to clarify a few descriptive points, the entire process took nine months.

How do you act while your trademark is in the registration process?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

Documentation [uspto.gov]

We just used it, without ®, with TM.