Legal Question in Business Law in Florida

I recently submitted an application to USPTO to get my logo trademarked. I did receive a receipt from them that states that they have received my application and it will take months for them to review it. During that time, can I legally use my logo even though it's not trademarked yet?

Asked on 11/15/22, 6:00 pm

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

More to the point, you have to be using it in commerce before the USPTO will allow registration. So if you filed intent to use you will have six months after receiving your notice of allowance to send in the statement of use. If you are not using it by then, you can request an extension for another six months and are allowed to extend every six months for up to three years.

The most important aspect is to make sure you clear the text or literal elements of the mark. If for example, the logo is the golden arches and it has the word McDonald's in it, the literal element is McDonald's and this should be filed as standard character text and proper;y cleared BEFORE you start spending any money in support of it.

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/16/22, 7:57 am

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