Do I need to be using my logo in business before filing a trademark application?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

In most cases and jurisdictions, you are not required to prove the usage of the logo before registering it. You can register a logo you plan to use in your brand's communication in advance, and once your brand launches, you can start using your already registered logo. That way, you don't risk the possibility of infringement right from the get-go. Also, you can avoid a situation in which you launch a brand only to find your logo is already taken by someone else.

One exception is the United States. You don't strictly need to use your logo in business before filing here either, but there are some limitations:

  • You can only file an "intent to use" application, and
  • Within Year 1 provide proof that you have started to use your trademark in commerce in the US market. Since we are talking about a logo trademark, the proof would include the depiction of your logo connected to your goods/services, such as photos of products displaying your logo, website screenshots, invoices, etc.

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