Can I use my trademark while it's pending?
Asked by: Antonina Block | Last update: February 9, 2026Score: 4.3/5 (41 votes)
Yes, you can use your trademark while it's pending, and it's often recommended, but you must use the ™ (or SM for services) symbol, not the ® (registered) symbol, and understand your rights are limited until registration, though using the mark strengthens your claim and can establish earlier common law rights. Using the ® symbol prematurely can be a legal issue, and while pending, your main goal is to show use in commerce and notify competitors, but you can't fully stop others until registration.
Can you use a trademark while it's pending?
No, you should not use the registered trademark symbol (®) on your products if the trademark is still pending. The ® symbol is reserved for trademarks that have been officially registered and approved by the appropriate government authority.
Can you use a trademark before it is registered?
Although you don't need to use your mark in commerce before filing an application, you must show actual use of your mark in commerce by filing documents and paying additional fees within certain time frames before your mark may register. Click on the headings below to find out more about the ITU filing basis.
Does Amazon accept pending trademarks?
If you don't yet have a trademark, you can enroll in Brand Registry with a pending trademark application filed through Amazon IP Accelerator. This program can help connect you with IP legal service providers that offer trademark-registration services at competitive rates.
Can you speed up the trademark process?
You can try speed up your trademark application if certain special circumstances apply. For a USPTO fee ($250 at the time of this post), you can file a Petition to Make Special to advance a trademark application out of turn.
Trademark Pending: Everything You Need to Know
How long does a trademark take to get approved?
Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Why is my trademark still pending?
A "trademark pending" designation indicates that your application is under review by the USPTO. Using TM or SM symbols during the pending period helps deter infringement and signals ownership intent. Trademark rights begin once the application is filed, but full protection is granted only after registration.
Can you make $10,000 a month selling on Amazon?
Yes, making $10k a month selling on Amazon is achievable, but it requires significant sales volume (often $50k-$100k+ in revenue for $10k profit) and strategic management, focusing on profit, not just revenue, through product selection, listing optimization, inventory control, and potentially outsourcing tasks. Many sellers aim for $10k profit, which means much higher revenue due to Amazon fees, COGS, and marketing, while others focus on reaching $10k in sales, which is more common but less profitable.
How to fight a pending trademark?
During the publication period or any extensions thereof, a third party must file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB) in order to commence an opposition proceeding. The Notice of Opposition is essentially a complaint containing your grounds for why the mark should not be registered.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
Can I put TM on my logo without registering?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.
What does "live pending" trademark mean?
LIVE/APPLICATION/Opposition Pending – The pending trademark application has been examined by the Office and was published for opposition, at which time one or more oppositions were filed but they have not yet been decided.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
How will I know if my trademark is approved?
How to check your status and view documents. Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
Is it illegal to say patent pending?
Marking an article as patented when it is not is unlawful and subjects the offender to a penalty. Some people mark articles for sale with the terms “Patent Applied For” or “Patent Pending.” These phrases have no legal effect, but only inform the public that a patent application has been filed with the USPTO.
How many Amazon sellers make over $100k?
Roughly 20% to 25% of Amazon sellers earn over $100,000 in annual sales, with recent data from 2025 suggesting around 43% of U.S. sellers hit this mark, compared to a global average of 19%, while one source mentions over 350,000 sellers achieving this milestone in a previous period, highlighting a significant and growing segment of successful businesses on the platform.
Can I make $500 a week with Amazon Flex?
Yes, making $500 a week with Amazon Flex is achievable but requires consistent work, smart block selection (especially during surges), and factoring in expenses like gas and vehicle wear, with typical hourly rates of $18-$25 meaning you'd need roughly 20-28 hours of driving, depending on your location and tips. Success depends on location, demand, tips, and efficiency, with some drivers hitting $800-$1000/week by stacking blocks or using other apps.
Why are sellers leaving Amazon?
Sellers leave Amazon due to high and increasing fees, intense competition (including from Amazon's own brands), rampant counterfeiting and IP theft, flawed account management/support leading to unfair suspensions, broken return policies causing huge losses, and general difficulty in maintaining profit margins amidst policy changes and system automation, prompting many to diversify to platforms like Shopify or Walmart Marketplace.
How often are trademarks rejected?
According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually. For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking.
Can you use a pending trademark?
Yes, generally speaking, you can start using your brand in commerce while your trademark application's approval is pending. A trademark is not a business license and waiting doesn't prevent you from launching your brand.
Can I use a trademark before registration?
You can use a trademark before registering it. Indeed, at least historically, trademarks were used long before they were officially registered as trademarks. That remains true today, in a manner of speaking, since using a trademark in interstate commerce is one legal requirement for registration (at the federal level).
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I trademark a slogan?
You might also choose to protect a slogan or logo for those goods or services, if you have one. Deciding what you want to protect and to what extent is up to you. You can have a brand, but decide not to protect that brand by registering it as a trademark.