Quote from: JSonnabend on 11-10-08 at 10:23 am
Without reviewing your application, it's difficult if not impossible to guide you specifically. I'll try to provide you with a few general points of guidance.
First, regarding use, you must use the mark in commerce on (or in association with) the goods or services claimed in your ID. From the tenor of your post, I'm not sure you've properly drafted your ID.
Why do you feel as though I didn't do it correctly?
Second, you cannot yet use the circle-R, as your mark is not yet registered.
Third, when you file your SOU, you can submit a picture of the properly branded products.
Finally, your TM registration never means you are "able to go full swing" with your company name/brand -- that's not what registrations are about. The TM Office only reviews its records in allowing registrations. It does not search common law uses, nor does it predict what senior registered users will do if and when they learn of your use. To gauge your risk in using the name/brand, you'd have to conduct a TM search, both registrations and common law uses.
I wasn't asking this with regard to an Enterprising License or anything of that sort. I am asking with the NOA am I able to offer the goods for sale with my trademark that hasn't been registered as of yet? And if so, if I do I have no protection correct? (As far as someone hijacking my idea)
Thanks much for answering the original post