can somebody use a trademark before granted?

Question

if you applie for a trade mark can you start to use it before it is granted'

ie put TM after it

Answer 1

Absolutely. Actually, the USPTO won't grant you registration until the mark is used in commerce in at least 2 states OR between the US & any other foreign country.

Of course, it's necessary to research the mark comprehensively prior to filing to ensure that there is no possibility of infringing upon another party.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

The ™ or SM symbol is to be used for marks that either have a pending trademark application OR for marks that are simply claiming the rights to the mark.

The ® symbol is to be used for marks that have a Federally registered trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Yes you can, however if your trademark application is not approved because of potential infringement on a registered trademark, the owner of the registered trademark can sue you for damages.

DO NOT use the "R" designation, which indicates that the Trademark is registered with the USPTO.

TM only indicates a "claim" of ownership but not actual ownership.

Also, you should check with local, state, and foreign (non US) authorities regarding the use of TM.

Answer 3

Yes, you absolutely can, as long as you are not infringing on anyone else's trademark. It is actually a good idea to do so, as you will have "first use" rights granted to you, in case someone tried to register the same trademark at the same time.

Answer 4

nope

Answer 5

if u do, maybe somebody steals it

Answer 6

you will have no protection if something occurs