What are the risks of waiting with trademark registration until I start selling?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Simply put, someone may start using your trademark before you do. Even when you file an intent-to-use trademark application in the US, your trademark will enjoy some scope of legal protection from the date of filing was filed. This may stop your competition from infringing on your rights.

Even though your unregistered trademark might obtain "common law" protection, this would apply only locally, and your rights would not be as strong as those of a federally registered trademark.

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