Intellectual Property Rights During A Pending Trademark

Trademarks provide legal protection for brand names and logos, preventing other businesses from copying them or using similar marks. An individual or company with a logo, phrase, design, symbol, or word that identifies goods or services may apply for a trademark with the United States Patent and Trademark Office (USPTO). Although applying for a trademark has the end goal of protecting the intellectual property (IP) rights of the business, how does the trademark owner protect his or her IP rights when a trademark is pending?

Protecting Intellectual Property Rights

Although anyone can use the trademark symbols TM or SM, with or without a pending trademark application, to protect intellectual property from competitors, the best defense against competitors is to apply for an official trademark with the United States Patent and Trademark Office (USPTO). After the federal government approves a mark, the trademark owner may use the legally significant registered