Contact theTrademarkAssistance Center (TAC) if you don't understand thestatusdisplayed in TSDR for your application or registration. When to check yourstatusWhile your application is pending, we recommend checking thestatusat least every three to four months between your filingdateup until thedateyourtrademarkregisters.
Prioritydatesintrademarkregistration are important, but how do you establishpriority? Learn about filing atrademarkapplication and "in commerce" use.
When it comes totrademarkregistration, the concept ofprioritydateis critical. Thisdatedetermines when yourtrademarkrights began and can affect your ability to enforce those rights against potential infringers. In this blog post, we'll explain what theprioritydateis, how it works, and why it's important.
However, the filingdateof atrademarkapplication that ultimately matures into a registration may be considered constructive use of the mark conferring a right ofprioritywithout need for further competent evidence, provided the applicant had actual use of the mark as of the filingdatethat was more than token use [see 15 USC 1057 (c)].
Frequently Asked Questions Does filing atrademarkapplication automatically give mepriority? Not always.Priorityusually goes to the first to use the mark in commerce, though an intent-to-use application can secure an early constructiveprioritydateonce registration issues. What are "frozen rights" intrademarklaw?
First use is thedateatrademarkis first used in commerce, establishing rights based on actual market presence. Theprioritydateis thedateatrademarkapplication is filed, which can secure rights against later users. These two concepts interact to determine who owns a mark and who prevails in a dispute. Business owners who confuse them risk losingtrademarkrights they assumed were ...
