Reserving a Trademark for Future Use
If you like a certain phrase or logo but you aren't ready to use it, you may be able to reserve it for future use, which keeps someone else from taking it.
You can acquire rights to the trademark by filing an "intent-to-use" (ITU) trademark registration application with the U.S. Patent and Trademark Office (USPTO) as long as someone else hasn't actually started using the trademark. However, even if you file an intent-to-use trademark application, the mark will not actually be registered until it is used in commerce.
The filing date of the ITU application will be considered the date you first use the trademark, as long as you actually use the mark within the required time limits -- six months to three years after the USPTO approves the trademark, depending on whether the applicant seeks and pays for extensions of time.
For more information about trademark registration, see the Filing a Federal Trademark Application FAQ.
How to Stop Others From Using a Trademark
Typically, you begin by sending a letter, called a "cease and desist letter," to the wrongful ("infringing") user, demanding that it stop using the mark.
If the wrongful user continues to infringe the mark, you can file a lawsuit to stop the improper use. The lawsuit is usually filed in federal court if the mark is used in more than one state or country, and in state court if the dispute is between purely local marks.
In addition to preventing further use of the mark, you can sometimes obtain money damages from the wrongful user.
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