How to get a Trademark Pending Number

What a Trademark Pending Number does

Protect your "brand" / product name (e.g. Coca‐Cola, Slinky) by getting a Trademark Pending Number.

Marking your product with the "TM" superscript merely informs competitors that you are using the mark as a trademark. This marking gives you no inherent / enforceable rights, and your competitors know this.

It is illegal to use the ® logo in a country unless you have a registered trademark in that country at a cost of about US$600 per country.

However, by getting a Trademark Pending Number, you may mark your product worldwide:

"TRADEMARK PENDING" or "TM PEND."

for only US$99.

A Trademark Pending Number gives you the right to file trademark registrations in 177 countries for the next 6 months. This means that, should a competitor copy / steal your brand in Germany in 4 months' time, you may file a German trademark registration within the 6 month period, claiming the date of your Trademark Pending Number and sue the German competitor for infringement of your German trademark registration.

A trademark registration prevents others from applying a "confusingly similar" mark to their goods or services. They will not be permitted to make, import, advertise or sell goods under a confusingly similar brand.

This gives you 6 months to test the market for your product, knowing that no‐one may within this period "steal" your brand. By "steal", we mean "steal" as, should a competitor be the first to file a trademark for a similar mark in a country outside the 6 month Trademark Pending period, he will thereafter be able to prevent you from using your brand in that country. The Trademark Pending Number starts your 6 month "Free Play" period.

Trademark Pending Number requirements

Your brand cannot be descriptive. For example, don't call your soccer board game "Footie". Also, your brand cannot be confusingly similar to an existing registered trademark. So, "Korn Flax" won't do for a breakfast cereal. During the 6 month period, people may alert you to conflicting registered trademarks. The Trademark Pending Number makes it easy for you to react ‐ you have yet to incur the expense of filing registered trademarks in each country.

You are not required to file all foreign trademark registrations within the 6 month period. Should you wish to file a corresponding trademark in the US in 3 years' time, you may do so, provided that no conflicting mark exists on the US trademark register.

Steps to get a Trademark Pending Number

Word type: Example of completed form ⇨
Logo type: Example of completed form ⇨

Get a Trademark Pending Number in 5 easy steps:

1. enter the applicant's name and address;
2. enter your mark (e.g. Coke);
3. enter the goods / service class (e.g. class 25 for clothing, class 30 for food);
4. sign forms; and
5. pay US$99.

Marking your product with a Trademark Pending Number gives you a 6 month "worldwide" free play period to generate a solid reputation in your brand.

Trademark Pending Numbers will also discourage competitors from registering web domains that are similar to your brand name.

Start now

Nothing further is required from you. Within a couple of business days, we will send you a Trademark Pending Number. There are no further payments or actions, and no obligations are imposed on you.

List of trademark classes

Products:

1. Chemical
2. Paint
3. Cosmetic / cleaning
4. Lubricants / fuel
5. Pharmaceutical
6. Metal
7. Machinery
8. Hand tool
9. Computer, software, electrical, scientific
10. Medical instrument
11. Environmental control instrument (lighting, heating, cooling, cooking)
12. Vehicle (land, air or water)
13. Firearm
14. Jewellery
15. Musical instrument
16. Paper, printed material
17. Rubber
18. Leather (excluding clothing)
19. Non‐metallic building material
20. Furniture
21. Houseware and glass
22. Rope, cordage and fiber
23. Yarn and thread
24. Fabric and textile
25. Clothing and apparel
26. Lace, ribbons, embroidery
27. Floor covering
28. Toy and sporting good
29. Meat and processed food
30. Staple food
31. Natural agricultural
32. Light beverage
33. Wine and spirit (excluding beer)
34. Tobacco and matches

Services:

35. Advertising, business and retail
36. Insurance and financial service
37. Construction and repair
38. Communication
39. Transportation and storage
40. Treatment and processing of material
41. Education and entertainment
42. Computer, software, scientific
43. Restaurant and hotel
44. Medical, beauty and agricultural
45. Personal, legal and social

Rights and countries

Trademark Pending Numbers are regulated by the Paris Convention for the Protection of Industrial Property.

Trademark Pending Numbers give you the legal right:

• to mark your product "Trademark Pending" worldwide; and
• to file corresponding trademark registrations in the following 177 countries during the next 6 months:

Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican, Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea‐Bissau, Guyana, Haiti, Holy See, Honduras, Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San, Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra, Leone, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Tonga, Trinidad and, Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia and Zimbabwe.

Where to file

According to the Paris Convention, the Trademark Pending Number document must be filed in a country that is a member of the Paris Convention ("Member Country"). However, you are free to select any Member Country in which to file. No Member Country may discriminate against you on the basis that your Trademark Pending Number was obtained from another Member Country.

We have:

• identified the Member Country that: offers the most affordable Trademark Pending Numbers; and processes Trademark Pending Numbers electronically;
• developed software that integrates directly with that Member Country's electronic processing system; and
• teamed up with the most sophisticated patent law firm in that Member Country to facilitate filing of Trademark Pending Numbers electronically.

This enables us to offer Trademark Pending Numbers at the lowest cost available worldwide. It matters not where you are. Everyone can now get a Trademark Pending Number for only US$99.

Guaranteed Trademark Pending Number

As long as your Trademark Pending forms have been completed correctly, a Trademark Pending Number will be issued.