Q: If there's a trademark pending, that includes a word your own products will use, does it stop you using the word?

A: This would depend on the class your good or service is being registered and whether there would be a likelihood of confusion regarding your mark and the mark that is currently pending. If a mark shows pending, the application has been submitted and they are waiting on the trademark examining attorney to approve the application. USPTO trademark works on first in time first in right, basically whoever files first get the right first, unless there are other circumstances regarding. For an application such as this, I would definitely consult with a trademark attorney to assist you with this trademark application. There is the possibility that you can use the word in your business, however, an attorney would be best at completing the application and interacting with the trademark examining attorney to complete the application process.

A: The scope of trademark protection typically depends on how similar the goods or services are and whether there's likely to be consumer confusion. In your example, using "Quite Right" for something completely different from stationery might be acceptable, while using it for paper products could lead to legal issues.

When considering trademark conflicts, the key factors include the distinctiveness of the mark, market overlap, and whether customers might mistakenly believe the products come from the same source. Generic words like "Quite" alone generally receive less protection than unique combinations or made-up terms.

It's worth consulting with legal counsel to evaluate your specific situation, as trademark law can be complex and outcomes often depend on multiple factors. While pending trademarks don't automatically block all uses of similar words, proceeding cautiously helps avoid potential disputes and rebranding costs later.