Can You Use a Trademark That Has Been Rejected by the USPTO?

Question: Can you use a trademark that has been rejected by the USPTO?


Answer: Yes. If your trademark has been refused by the USPTO, you can still use it. That said, if your trademark was refused because the government considers it to be too similar to another trademark, you should study the refusal carefully.

A major concern with a refusal of this nature is that the company that caused the refusal could ultimately see your filing or use of the trademark in the marketplace. They could then send you a cease and desist letter, or worse, sue you in federal court.


On the other hand, just because the government told you the trademarks are similar, it doesn’t necessarily mean that the other company, or even a court, would think they are alike. The refusal is based on the judgement call of a single examiner. In fact, you can even appeal a refusal if you don’t agree with it.


All in all, while you can ultimately use your trademark despite a refusal, it’s important to carefully evaluate whether or not you should.

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