Q: Is it possible to use a word for which only a trademark application is issued or not? (630 - New Application)
Hi, I would like to ask about trademark registrations. for example, this is the registration of the word "Minecraft" . We see there "Status - 700 - Registered" (https://trademarks.justia.com/791/45/minecraft-79145431.html)
But for another word there is only "630 - New Application - Record Initialized Not Assigned To Examiner". Is it the case that as long as the application is submitted but not approved, can the mark be used somehow?
Thank you
A:
Based on U.S. trademark law, simply filing a trademark application does not grant the applicant the right to use the trademark or enforce it against others. The "630 - New Application" status indicates that the application has been submitted, but it has not been assigned to an examiner for review.
Until the trademark application is approved and the mark is officially registered, the applicant does not have the full legal rights and protections associated with a registered trademark. However, there are a couple of important points to consider:
1. Common law rights: In some cases, an applicant may have "common law" rights to a trademark based on their actual use of the mark in commerce, even before the registration is granted. These rights are limited to the geographic area where the mark is used.
2. "TM" symbol: An applicant can use the "TM" symbol (™) next to their trademark to indicate that they are claiming the mark as their own, although it does not have the same legal strength as the registered trademark symbol (®), which can only be used once the trademark is officially registered.
It's important to note that using a trademark that is confusingly similar to an existing trademark, even if it's not registered, could lead to legal issues such as infringement claims. Therefore, it's always advisable to conduct a thorough trademark search and consult with a qualified attorney before adopting and using a new trademark.
In summary, while a pending trademark application does not grant the applicant full legal rights, they may have some common law protections based on their use of the mark. However, it's crucial to proceed with caution and seek legal advice to avoid potential infringement issues.
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