{"id":4738,"date":"2023-10-17T17:54:42","date_gmt":"2023-10-17T17:54:42","guid":{"rendered":"https:\/\/wariplaw.com\/?p=4738"},"modified":"2023-11-17T17:59:12","modified_gmt":"2023-11-17T17:59:12","slug":"intellectual-property-rights-during-a-pending-trademark","status":"publish","type":"post","link":"https:\/\/wariplaw.com\/intellectual-property-rights-during-a-pending-trademark\/","title":{"rendered":"Intellectual Property Rights During A Pending Trademark"},"content":{"rendered":"
According to the latest data from the <\/span>United States Patent and Trademark Office<\/span><\/a>, there were about 400,000 trademark registrations and 325,000 trademark applications during Q3 of 2023. In other words, there are numerous pending trademarks at any given time in the United States. Companies may assume that pending trademarks put them in a state of intellectual property (IP) limbo, but they can experience a certain degree of IP protection during this pending phase. To learn more about intellectual property rights during a <\/span>pending trademark<\/span><\/a>, consider getting in touch with a Washington, D.C. intellectual property lawyer. Choose War IP LLC to discuss this subject in greater depth, and call (202) 800-3754 to book a consultation.<\/span><\/p>\n<\/div> A \u201cmark\u201d can take many different forms, including:<\/span><\/p>\n While these are some of the most common examples, trademarks may also extend to more abstract things, such as sounds, smells, flavors, textures, and the general appearance of a product.\u00a0<\/span><\/p>\n<\/div> When a trademark is pending, it means that the United States Patent and Trademark Office (USPTO) is currently reviewing an application to register that trademark. At some point in the future, the USPTO may approve and register the trademark. On the other hand, the USPTO may still deny the application for trademark registration. Companies can check the status of their trademark applications by visiting the USPTO website. On this website, business owners and entrepreneurs will also find official recommendations and guidelines that assist them to do the following:<\/span><\/p>\n Taking advantage of these trademark registration status monitoring features may be especially beneficial, as they can make it easier to confirm that all paperwork and documentation requests are up to date. Failure to react to USPTO correspondence may result in trademark cancellation, so staying abreast of activity regarding a trademark application and registration status is recommended.<\/span><\/p>\n<\/div> A pending trademark will be filed in the USPTO\u2019s <\/span>Trademark Electronic Search System<\/span><\/a> (TESS), which means that any individual or entity conducting due diligence before their own trademark registration application can find that mark\u2019s registration status. Because companies are discouraged from submitting applications to register trademarks that are closely similar to trademarks already registered or pending, this searchability may offer some protection against potential IP infringement.\u00a0<\/span><\/p>\n<\/div>What Is a Trademark?<\/h2>\n
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What Is a Pending Trademark?<\/h2>\n
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Does a Pending Trademark Protect Intellectual Property?<\/h2>\n
What Legal Protection Does the \u201c\u2122\u201d Symbol Provide?<\/h2>\n