• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trademark Qs.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Florida

Good Day and Thank you very much to all of you that are helping out in here at no charge :)

Qs is, I recently started an "On Line " store, where I will sell car care products, I have hire one company to do the "Trademark Search" and to file my paperwork, the results indicate that the "tradenmark name" that I wish to use is open, so I will procced with the application, it happens that I want to make some small samples of one of my "New" products and I want to ditribute it at a Mayor motor sport event (free)

I wish to put the name that I am applying for and that is open in the cover of the sample product, Can I do this ? is legal ? will I find my self in troubble down the road ? Do I need a bar code ?

I hope to hear from you guys soon as I need to make samples and the only thing holding me is this concerns.

Thank You Much!
Tito :)


Senior Member
Can I do this ?
Yes. Not only is it legal, but you have to do it at sometime anyway, might as well be now. Even though you have applied for a trademark, and even if it later gets allowed, you don't actually get the trademark registered until you've used the mark in commerce for a certain amount of time, 6 months I think the number is. Since your preliminary search implies that you have a mark that is not in use by anyone else, begining use of the mark now will only make registration faster down the road once the mark gets allowed.

The downside, of course, is that if you do too much promotion now, and get people hooked on your trademark, what do you do if, for some reason, the USPTO does not allow your mark, or only allows your mark in a substantially altered form?

But these are business questions you'll have to decide.

So yeah, you can do this, and it is legal.

As far as barcodes, that's not a trademark problem, that has to do with getting big stores to carry your product, and I don't know how you go about finding out info on that. Maybe Google would be a good resource.


Junior Member
Thank You VERY MUCH!

Do I run the danger of someone with more money likes my trademark and try to steal it from me?

What a Service! apprecciate the advice a Ton,


Senior Member
Do I run the danger of someone with more money likes my trademark and try to steal it from me?
Not if you have already put your application in. Once your application is received by the USPTO, it is assigned a "priority date," which is the filing date, and that date is use in the event that more than one person tries to register the same (or very similar) mark. Typically, the "senior" applicant (the one with the earlier priority date) has the upper hand in these interference proceedings.

So, while anything is possible, your scenario is unlikely.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential