Patent Attorney and Founder
I came up with a design that pairs a drawing with a short phrase. I’d like to list it on Etsy, and if sales take off, that phrase could become the anchor of my brand. The tricky part? Trademarks take time, often a year or more before they’re fully registered.
So what happens in the meantime? Can I sell the design without losing control of the phrase? Or am I better off waiting?
Here’s how it works: the moment you file a trademark application with the USPTO, you lock in a type of “placeholder” protection. You’ll get a serial number right away, which shows your application is pending.
While you’re waiting, you don’t need to sit on your idea. You can add the “TM” symbol next to your phrase to signal that you’re claiming trademark rights, even before official approval. Think of it as planting your flag; it lets others know you’re serious about protecting the brand.
Once the trademark is fully registered, that’s when you can use the ® symbol. That’s the point where the legal backing is strongest.
Bottom line: you don’t have to pause your business. File the application, start selling, and use “TM” until registration comes through.