Written by Tomas Orsula
Senior Trademark Attorney
If your trademark is not fully registered yet, you have limited rights.
Let's talk about other applications first. Once you file your application, you gain legal grounds over anyone who applies with an identical or "confusingly similar" name after you. In some jurisdictions, the examiner will temporarily stop such applications based on the likelihood of confusion.
However, if you find out a 3rd party is copying your brand, you should wait until you obtain trademark registration. You can then send a cease and desist letter to stop the 3rd party from using your name, as this would be considered trademark infringement.
In some jurisdictions, including the EU and the UK, your trademark rights are retroactive to the date of filing. In simple terms, if someone copies your brand or uses a confusingly similar name during the period when your trademark is pending, you can take legal action once your trademark is fully registered.
Is a trademark valid from the date of filing or the date of registration?
After my wordmark is registered, can I apply different fonts to it?
Do I need to be using my logo in business before filing a trademark application?
What is the difference between a trademark and a service mark?
Is logo one class and the name another class when it comes to trademark registration?
Is there a way to update our trademark registration if we decide to alter our logo?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
