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Filing a Similar Trademark as a Pending Application | QOTD

Filing a Similar Trademark as a Pending Application | QOTD Question of the Day: It takes at least 8 months to get a registered trademark with the USPTO. What if somebody else filed a similar trademark application before you filed your application but they are still in the waiting phase?

The examining attorney that reviews your application will likely suspend your trademark application until the USPTO determines if the earlier-filed trademark is going to be registered. You will have to wait until that determination is done before it will evaluate your trademark at that time.

There is no set time period in which a suspended trademark will become unsuspended, which can make you question whether you should change your brand.

If legal questions were easy, we wouldn’t need lawyers.

How similar can trademarks be:
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Ruth Carter is an attorney at Venjuris Law Firm in Phoenix, Arizona – a firm that focuses on business, intellectual property, and internet/social media law. She is also a professional speaker, blogger, and author through Carter Law Firm.

Books:
The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed:
Flash Mob Law:
The Legal Side of Blogging for Lawyers:

If you have questions or want to chat, you can see all the ways to contact and connect Ruth Carter here:
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Disclaimer: This video does not constitute legal advice. Watching this video does not create an attorney-client relationship with any viewer. If you need personalized legal advice, hire an attorney.

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