Discussion:
What is the name of your state? New York
Hello,
I recently submitted material for trademark at One week later the information had been posted to the database. My question is the following, how long must I wait before I can begin enforcing my trademark rights?
Your help is appreciated.
Thank you,
sroy
Answer:
If you are currently using your trademark in commerce, you can enforce your rights immediately. You don't have to register a trademark in order to protect it, but you get more protection with a registered trademark.
It generally takes around 12 - 18 months to obtain a registered trademark; you cannot obtain the higher level of protection afforded a registered mark until the registration is granted by the USPTO and you are using the mark in interstate commerce.
However, as noted above, if you are currently using the mark, whether the use is interstate or not, you have common-law trademark protections that you can use immediately.