Am I Protected Between the Filing and the Registration of My Trademark?
Trademark Products Similar to Yours
First and foremost, these protections are in place to make sure that the exact date, time, and number of your trademark are documented. This is so that trademarks that come in after yours don’t get credit for innovating something first.
So anybody else who files a trademark after you, their trademark, if it is confusingly similar enough to yours, would be automatically rejected by the Trademarks Office.
So yes, there is value.
The protection, of course, is not as strong as after you get your trademark registration certificate. These dates and numbers are mostly just to keep everything organized and categorized.
However, even that tiny bit of protection is a start in building the value of the trademark. That makes it invaluable when weighed with the trademark protection cost.
Timing and Trademarking Your Brand
For this reason, the most important thing to consider when looking into trademark products is timing. The earliest application filed will be the earliest one approved. Simple as that.
This can make a big difference in trademarking your brand. When there are cases of similar trademarks like these, the earliest application filed will typically have an advantage.
That said, remember that having a detailed description of your trademark and filling all forms out properly keeps you from getting denied or having to refile. Time it right, but don’t rush.
Trademark Protection Cost and Disputes
But even with disputes, you can still send a demand letter to the other side who you think is creating confusion with your brand, who you think is using a trademark that is similar to yours. Basically, you can say, “Look, this is our brand, we have filed for a trademark, it will get registered, stop creating confusion now—and it will be a lot simpler for you to re-brand sooner rather than later because we are going to get our trademark and you're not going to get one, because we were there first!”
In short, this is not only a protection for your trademark but a matter of convenience for competitors. Now, other brands have time to rebrand, go back to the drawing board, and refile with something that isn’t as likely to get rejected.
You’ll want this protection until registration which an early filing brings.
