Spotify, Airbnb, and countless other brands once stood where you are now, with a trademark pending. Before Spotify’s green icon took over our phones and Airbnb transformed the travel industry, their trademarks drifted in these same bureaucratic waters. These brands navigated the trademark pending process with care, attention to detail, and prompt action on any issues.
Your brand hangs in the balance at this time, but you don’t need to sit by the phone. While your trademark is pending, you can get on with the business of building your brand. You can even use the TM symbol (™) to show others that you’re in the process of protecting your trademark.
What Does it Mean if a Trademark is Pending?
When your trademark is pending, it means you’ve filed your application with the United States Patent and Trademark Office (USPTO), but they haven’t made their final decision. During this review phase, you can use TM (™) for products or SM (℠) for services to show you’re claiming these marks as your own.
However, the registered trademark symbol (®) remains strictly off-limits until you receive your official registration certificate from the USPTO. Using it prematurely isn’t just incorrect; it could land you in legal trouble. The USPTO takes these distinctions seriously.
How to Check the Status of an Application or Registration
The USPTO’s Trademark Status and Document Retrieval (TSDR) system lets you track your application’s progress 24/7. Once you submit your application, you’ll get a serial number. That number is your key to accessing all the details in TSDR, from current status to critical deadlines.
Enter your serial number into TSDR to view, download, or print any documents in your file. Don’t worry if you don’t see new submissions immediately, as fresh applications typically appear within 4-5 days. However, current high application volumes mean it could take 60-80 days for new applications to appear in the system.
After your trademark registers, you can keep using TSDR to check its status. Just punch in either your application serial number or registration number.
How Long Does it Take for a Trademark to Be Approved?
Getting your trademark application approved takes time. Expect to wait between 12 to 18 months for a final decision. And the truth is that approval isn’t guaranteed. The USPTO might refuse your application for various legal reasons.
Your application moves through several stages before reaching a verdict. Each stage serves a specific purpose, from initial review to potential office actions that require your response. You might breeze through some stages, while others require additional documentation or clarification. Missing deadlines or providing incorrect information at any stage can add months to your wait time.
Want to avoid delays? File your initial application carefully, respond promptly to any USPTO communications, and double-check all your paperwork before submission. You can monitor current processing times on the USPTO website to better understand your timeline.
Trademark Symbols: ™, ℠, ®
There are three trademark symbols, and each serves a distinct purpose. The TM symbol (™) marks unregistered product trademarks, while the SM symbol (℠) does the same for services. Any business can use these symbols to claim rights to its marks while an application is pending.
The registered trademark symbol (®) plays in an entirely different league. You can only use this symbol after the USPTO officially registers your mark. Using it before registration isn’t just incorrect; it could result in legal penalties.
Think of it this way: TM and SM are like staking your claim, while ® is your official seal of approval from the government. Once your mark is registered, you can use the ® symbol or continue with TM/SM. However, most businesses prefer the registered symbol since it carries more legal weight.
How do I Challenge a Pending Trademark?
Suppose you spot a pending trademark application that might impact your brand or trademarked assets. In that case, you can submit a Letter of Protest to the USPTO via the Trademark Electronic Application System (TEAS) Letter of Protest form. This formal process lets you present evidence about why a trademark shouldn’t be registered, but there are specific rules to follow.
Your protest must include concrete evidence supporting a legal reason to refuse the registration. Common grounds include:
- The likelihood of confusion with existing trademarks.
- Descriptiveness of the mark.
- Proof that the mark is too generic.
The USPTO won’t consider protests based on common law usage or disputes about trademark ownership, as those issues require different legal channels.
Timing matters, so file your protest as soon as possible after the application appears — ideally before publication. You’ll need to submit up to 10 pieces of relevant evidence per reason, with a maximum of 75 pages. Each protest requires a separate filing and fee and must include an itemized index explaining how each piece of evidence supports your case.
Wrapping Up
Your trademark application’s “pending” status is just the beginning of the journey. While your mark is under review, staying alert is crucial. Many applications hit unexpected roadblocks, from basic paperwork issues to conflicts with existing marks. The more you know, the smoother your path to approval will be.
Want to spot potential problems before they derail your application? Our trademark research service provides a comprehensive global search on up to 3 of your favorite names, one logo, or tagline for trademark availability and potential conflicts. Run your Trademark Research now and face your pending period with confidence.
