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If the trademark is pending and most likely will be rejected, does it prevent others from using it during the pending duration?

Senior Trademark Attorney

No. A pending application doesn’t automatically prevent third parties from using the same mark commercially. It will cause the examiner to flag a later similar application for potential conflict, but it does not give the applicant enforceable rights against third parties until registration is granted.

If the application is ultimately refused, the retroactive rights that would have run from the filing date never come into effect. There is no basis to take action against anyone who used the mark during the pending period of an unsuccessful application.

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