The USPTO’s delays are no joke right now. If you’ve filed a trademark application recently (or are considering filing soon), you may have noticed that processing times have gotten significantly longer. The backlog is growing, and your application could sit for 6-9 months (or longer) before an examining attorney even looks at it. But here’s the thing—your brand's need for protection doesn’t stop while you wait.

So, how do you protect your trademark while your application is pending? And more importantly, how do you safeguard your brand before you even file? Let’s get into it.

1. Establish & Strengthen Your Common Law Rights

Before you even file with the USPTO, you already have some rights in your trademark—these are called common law rights and they arise simply from using your mark in commerce. While common law protection is limited compared to federal registration, you can strengthen your rights by:

• Using the trademark consistently in your business materials, packaging, website, and marketing.
• Keeping records of first use (e.g., invoices, website timestamps, product listings, advertising, and social media posts).
• Expanding use—the broader and more continuous your use, the stronger your rights become.

⇥ Powerhouse CEO Tip: Include the ™ symbol next to your trademark. This signals to others that you claim rights in the name, even if it’s not yet federally registered.

2. Conduct a Strong Trademark Clearance Search

A major part of protecting your brand before filing is ensuring it’s actually available for registration. The last thing you want is to spend months (or years) building a brand, only to get hit with a cease-and-desist or a refusal from the USPTO.

To safeguard your trademark:

✓ Search the USPTO database for similar registered and pending marks. 

✓ Check common law sources (Google, social media, domain names, and business directories). 

✓  Look at your industry competitors—are they using a similar name? 

✓  Consult a trademark professional (like me!) to conduct a deep-dive search and analyze risks.

3. Use Contracts to Protect Your Brand

Your trademark isn’t just a name—it’s an asset. And like any valuable asset, you need to lock it down legally while you wait for USPTO approval.

Here’s how:

• Secure your domain name – If you haven’t already, grab your .com, .net, and other relevant extensions ASAP. Grab the plurals and common misspellings as well, where applicable.
• Get social media handles – Even if you’re not using them yet, claim them to prevent others from taking them.
• Use Non-Disclosure Agreements (NDAs) – If you’re discussing your brand with manufacturers, designers, or collaborators, protect it with an NDA.
• Include trademark clauses in contracts – Whether you’re working with vendors, licensees, or partners, ensure contracts recognize and protect your ownership of the brand.

4. Monitor & Enforce Your Trademark

While you’re waiting for USPTO approval, you are still responsible for enforcing your rights—the USPTO won’t do it for you.

Here’s how to stay on top of it:

• Set up Google Alerts for your trademarked name so you get notified of potential infringers.
• Check social media and online marketplaces (Amazon, Etsy, Shopify) for copycats.
• Monitor new business filings in your state or industry.
• Be ready to send a Cease & Desist Letter (or consult an attorney) if someone starts using a similar name.

5. File for State Trademark Protection (If Applicable)

If you operate a local business, state trademark registration might provide some additional protection while waiting for federal approval. Some states offer trademark registration that can help you establish exclusive rights within that state’s borders.

6. Plan for International Protection (If Relevant)

If you plan to expand internationally, waiting for the USPTO might not be enough.

Consider:

• Madrid Protocol filings if you want to register in multiple countries.
• Direct applications in key foreign markets where your brand may expand.

International protection strategies should align with your long-term business goals.

7. Stay Vigilant & Take Action When Needed

While waiting for your federal registration, don’t assume you’re powerless.

★ Take these steps now: 

✓ Use your trademark in commerce consistently and visibly.

✓ Secure your name across domains and social platforms. 

✓ Monitor potential infringement and act swiftly. 

✓Use legal agreements to protect your brand. 

✓ Work with a trademark professional to ensure you’re fully protected.

By following these steps, you’re not just waiting—you’re actively protecting and strengthening your brand. And when that USPTO registration finally comes through, you’ll be in a solid position to enforce it.

Have questions about protecting your brand? Let’s talk!