If the trademark is pending and most likely will be rejected, does it prevent others from using it during the pending duration?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Not really. The way this would usually work is that after successful registration, you would have gained the option to retroactively enforce your rights, as the validity of your trademark would start counting from the date when you filed the application. This means you can fight against infringement that occurs during the pending period, but only after your mark passes the evaluation. However, if the IP office rejects your application, you won't be granted ownership rights to enforce.

The question is why you expect your application to be rejected. Even if the IP office raises an issue or a competitor opposes your mark, these problems can sometimes be resolved. We'd recommend discussing your case with a trademark attorney before giving up.

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