Filing your trademark registration application is just the beginning. The U.S. Patent and Trademark Office (USPTO) currently takes eight to twelve months to review new filings. For intent-to-use applications, the timeline may extend even longer—especially if Office Actions or oppositions are involved.
So, what should you do during the waiting period?
Here is what business owners, entrepreneurs, and creators need to know while waiting for trademark registration approval.
Can You Use Your Name or Logo Before Approval?
Yes, you can.
A trademark registration confirms your exclusive right to use a brand. It does not grant permission to start a business.
You do not need a trademark registration to:
- Launch your business
- Offer services or sell products
- Use your logo, name, or slogan in public
- Promote your brand through marketing
However, using your mark before registration does carry risk.
Risks of Operating Before Trademark Approval
If your application is denied, you may face:
- A complete rebrand after investing in marketing or packaging
- Legal action from a competing mark holder
- A refusal based on similarity to an existing trademark
Despite these risks, you must show commercial use of the mark to complete the registration process. Not using your brand at all can also delay approval.
How to Reduce Risk While You Wait
To protect your investment and brand identity:
- Work with a trademark attorney to run a clearance search before filing
- Limit upfront spending on advertising or inventory
- Track your application status in the USPTO database
- Maintain records of your use of the trademark
Smart planning now can prevent expensive problems later.
Intent-to-Use Applications: What to Do
If you filed an intent-to-use trademark application, you will need to submit proof of commercial use before final approval.
This evidence is due within six months of receiving a Notice of Allowance. You can request an extension, but it is best to prepare early.
While you wait, you should:
- Create branding and marketing materials
- Build your website or online store
- Begin selling products or offering services under the trademark
- Document the date and nature of your first use in commerce
Early preparation speeds up final registration.
Can You Use the ® Symbol?
No.
The ® symbol may only be used once the USPTO grants official registration.
Using the ® symbol prematurely is considered deceptive and may harm your application.
While you wait, you can use the “TM” symbol next to your mark. Though not legally binding, “TM” puts others on notice that you are claiming common law rights in your brand.
Can You Enforce Your Trademark While Waiting?
Federal trademark rights begin with registration.
Until then, you may have limited enforcement options depending on your state’s laws.
You may be able to:
- Send cease-and-desist letters based on common law rights
- Assert priority if your use of the mark predates a competitor’s
- Monitor the market and gather evidence of infringement
Preparing during the wait puts you in a strong position when your registration is finalized.
What to Do While Waiting: Key Actions
While you wait for trademark registration approval, take the following steps:
- Use your trademark in connection with your goods or services
- Launch your business or product
- Use the TM symbol appropriately
- Gather documentation for your Statement of Use if required
- Monitor the market for signs of infringement
Planning and patience are the best strategies during the waiting period.
Work with a Trademark Attorney
Noble Path Legal PLLC is a Metro Detroit trademark law firm serving:
- Entrepreneurs and small business owners
- Start-ups and growth-stage companies
- Artists, musicians, and creative professionals
- Businesses managing complex brand portfolios
We provide services including:
Schedule a virtual consultation today to begin protecting your brand.
Click the “Register Your Trademark” button below to get started.