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Can I use my logo and company name during the time my trademark application is being reviewed?
Anonymous5 views7 answers
I am planning on filing an application to have my logo and company name trademarked, but I did want to know if I could use both my logo and company during the process? I am planning on selling stickers and shirts, and I already have my designs made but I am concerned in using/selling them during the waiting process.
Short Answer: Yes.
Rights in a trademark are acquired by usage of the mark. Even without registration, you acquire "common law" rights in the mark by its usage. registration gives the trademark owner better and more complete rights, but even without it you still have some rights in your mark. When you apply to the register the mark, you must provide the trademark office with evidence of use of the mark in order to have the mark stay effective. in other words, even if you receive a registration, you will lose it if you don't use it.
Of course you can! ...assuming you've done some research to be sure that nobody in the same or similar type of business is already using that name or logo.
I agree with the prior response. I would just add that you cannot use the (R) designation by your logo until you get your mark registered. Until then, you can use the TM designation.
Yes, in fact the USPTO requires your use of the mark before they will grant you any registration. But as my colleague notes, the most important step is to make sure that you have done the due diligence and this is really not something you want to do yourself especially if you intend on relying on it.
Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence upfront and before you submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property. See the link below for a detailed explanation of the due diligence process and a guide on how to choose a strong trademark.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
trademarks are based on "use in commerce" so you will actually have to use them to secure a registration. Of course, you may want to do some trademark searching first to see (1) if your use is going to cause someone else an issue that could cost you money if sued; and (2) to see if you have a good chance of securing a registration.
Back up a step. You need to do a clearance to see if your even have the right to be using the company name as a trademark at all. Do that right away so you don't waste money on supplies. Hopefully, it is clear, in which case you need to know that the way you gain trademark rights is by either (a) first using the mark in commerce or (b) applying for Federal trademark registration based on a good faith intention to use the mark and thereafter timely making use prior to registration. For the clearance and for the registration, you should use an IP attorney. The company name is too important a corporate asset to fumble around on your own, even with guidance from here on .
