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Question on a trademark applicant

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sameerg

Junior Member
What is the name of your state (only U.S. law)? Virginia

Can an applicant threaten or instruct to rebrand or change business name only on the basis of them having filed a trademark and not approved as of yet?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Virginia

Can an applicant threaten or instruct to rebrand or change business name only on the basis of them having filed a trademark and not approved as of yet?
You will need to give more information.
 

justalayman

Senior Member
You are putting to much in the registration. The rights to the mark are earned prior to filing. Rights to a mark are gained by use of the mark in commerce. If you file to register a mark without having gained rights by use in commerce, the registration will not be accepted. At best you can file an intent to use appplication. It's where one claims the mark but has not earned rights in the mark yet. You have a limited time to use the mark and complete the registration or it fails.
 

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