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What are the people in the Trademark Office doing?
Q: I saw someone using the trademark name I applied for. Is this an infringement?

A: If you haven't got the trademark registration certificate, it doesn't constitute infringement, because your trademark is only in the process of application and the Trademark Office hasn't confirmed it for you. In the meantime, anyone can use this trademark. Once your trademark is confirmed by the Trademark Office, the exclusive right to use it is infringed upon by others. Free inquiry of trademark registration