Q: If an application has been made for a name to be trademarked, can that name be used until the trademark is issued?
How long does it typically take for a trademark to be issued?
A:
Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.
Current processing times for applications to register trademark with the USPTO are in excess of 12 months, significantly longer than they were a decade ago due to the huge increase in applications and due to a backlog caused by the COVID-19 pandemic; the time for an application to be reviewed by an examining attorney at USPTO has grown from ten weeks to over eight months.
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