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Can someone steal my trademark away from me while I wait for it to be registered?

Senior Trademark Attorney

Your trademark cannot be stolen from you if you’ve already filed a trademark application. A pending application establishes your priority date from the moment of filing, and anyone who files a similar mark after your filing date does so subject to your prior rights. So, if your application succeeds, you can challenge or invalidate their later registration.

The risk is real before you file. In first-to-file jurisdictions, a third party that files before you would hold priority over you regardless of prior use. Filing as early as possible is the only reliable protection against this scenario.

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