Tuesday, December 8, 2009

"Trademark Pending" Status? Not!

Dear Rich: I plan on registering my trademark even though I have not begun using it. When does the mark I'm registering show as "pending?" There's no official status for a "pending" trademark registration; you either have a federal registration or you don't. (The Dear Rich Staff thinks that you may be confusing trademarks with patents. There is a "patent pending" status, available to filers of patent applications and provisional patent applications). 
Intent to Use Marks. When you file an intent-to-use application, your mark may be examined and approved for publication, but registration is not granted until you file a document with the USPTO establishing that you've begun using the mark. So, in practical terms, you have no trademark rights until you start selling goods and services associated with the mark. Or as they say, 'no trade; no trademark.'
(Note: If you are asking, when does the mark show up within the USPTO trademark registration system (TARR), that happens fairly quickly, usually within