When examiners receive a trademark application, will they only check it against already registered trademarks or will they also check it against other previously applied for but not yet registered trademarks?
Check out the video below for the answer to this question:
Will the trademark examiner look at previously applied-for trademarks by somebody else that has not yet been registered in deciding whether or not to approve your application.
And the answer to that is, yes, they will.
That's why the filing date of your trademark application is so crucially important.
So if two people file two identical trademark applications on the same day, the person who files sooner will win. And that will be evidenced by the application number that is assigned to your trademark application when you file your trademark application.
That's why it is so important for you to file your trademark application as soon as possible.
We've had many cases when our potential clients were procrastinating and saying, "Let us think about it, we are going to decide if it's something we want to do". They thought about it, and then they thought about it some more, and then when they were ready, we did a search again only to tell them that, unfortunately, we couldn't help them anymore because somebody else filed for an identical trademark in the same country for the same products and services.
So we had to turn them away and say there is nothing we can do. If you filed your application when we told you you should have, a month ago, or a week ago, or 3 months ago, if you did it then, you would have been the first in line, and your trademark application would have been approved and then allowed and then registered in your name. But now, there's nothing we can do, you have to rebrand.
So to sum it up, trademark examiners don't only look at registered trademarks, They're also going to look for trademarks that have been applied for but not yet registered in their Trademarks Office.
Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.