My Trademark Is Pending. Can I Still Get BIMI?
A pending trademark application does not qualify for a VMC — the registration must be granted and confirmed before the certificate authority can validate it. A pending, allowed, approved-for-publication, or opposed application does not qualify until the official registry shows an active registration. Depending on your situation, two paths are available: wait until the registration is confirmed active and apply then, or assess whether a Common Mark Certificate (CMC) is a viable interim option.
The CA validates the trademark at the time of application. An application number is not a registration number. Until the trademark office issues a granted registration, there is nothing for the CA to verify — and no VMC can be issued against an unconfirmed mark. If no trademark application has been filed at all, see Can I Get BIMI Without a Registered Trademark?
Application Status Decision Table
| Application Status | VMC Available? | CMC Option | Recommended Action |
|---|---|---|---|
| Filed — under examination | Not yet | Assess eligibility | Monitor application status; apply for VMC as soon as registration is confirmed |
| Fully registered — active registration confirmed | Yes | Not required | Apply for VMC — the mark must appear as registered and active in the official trademark database. An allowed, approved-for-publication, opposed, or otherwise not-final status is not enough. |
| Under opposition or appeal | Blocked | Assess eligibility | VMC cannot proceed until opposition is resolved; CMC may be available as a bridge |
| Refused by trademark office | Not available on this mark | Assess eligibility | File a new application on an eligible mark, or assess CMC as an alternative path |
A Common Mark Certificate does not require a registered trademark, but it supports non-trademarked BIMI implementation. CMC validation still requires the mark to qualify under the issuing CA’s CMC criteria, such as prior public use and domain/brand validation. Review CMC eligibility requirements before assuming it is available while a trademark application is pending.
Real-World Examples
Example 1 — Application Under Examination
- Situation
- US-based company filed a trademark application with the USPTO eleven months ago; the application is still under examination with no registration number issued
- VMC Status
- Not available — no registration number means no VMC. The application is on file, but the CA requires a confirmed, granted registration to validate against.
- Options
- Continue monitoring the application through the official trademark office database. Apply for a VMC only after the status shows an active registered mark. In the interim, assess whether the logo qualifies for a CMC under the issuing CA’s prior-use or alternative validation requirements.
Example 2 — Registration Just Confirmed
- Situation
- EUIPO trademark application fully registered last week; the mark now shows as active in the official register with a confirmed registration number
- VMC Status
- Available — the mark is registered and active in the official database. The company can begin the VMC application process immediately.
- Options
- Proceed with VMC application. Before applying, confirm the SVG logo matches the registered mark
Example 3 — Application Under Third-Party Opposition
- Situation
- Trademark application filed and initially approved, but a third party filed an opposition during the publication window; the application is now in opposition proceedings
- VMC Status
- Blocked — the registration cannot be confirmed until the opposition is resolved. An application in opposition is not a granted registration.
- Options
- VMC is unavailable until the opposition concludes and the mark is registered. CMC may be an option during the proceedings if the brand otherwise qualifies. If the opposition is resolved in the applicant’s favour, apply for a VMC once the registration is confirmed.
What To Do Next
- Check the current status of your trademark application at the relevant trademark office. Confirm whether it is under examination, approved, opposed, or refused — the BIMI options differ for each.
- If the mark shows as actively registered in the official database, get a Verified Mark Certificate immediately — the registration is valid from the date it became active.
- If the application is still pending or under opposition and you need BIMI in the interim, review CMC eligibility before assuming it is available. CMC requirements differ from VMC requirements.
- Once registration is confirmed, verify that your logo SVG matches the registered mark before applying. See Will My Logo Be Approved for BIMI?