Am I able to use the trademark symbol on our products even if the trademark is still pending?

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Written by Tomas Orsula

Senior Trademark Attorney

No, you should not use the registered trademark symbol (®) on your products if the trademark is still pending. The ® symbol is reserved for trademarks that have been officially registered and approved by the appropriate government authority.

While your trademark application is pending, you can use the ™ symbol to indicate that you are claiming rights to the mark as a trademark. The ™ symbol provides notice to others that you consider the mark to be a trademark and serves as a general warning against unauthorized use.

Once your trademark is approved and officially registered, you can then start using the registered trademark symbol (®) to signify its registered status. Until you receive the official registration certificate, it is advisable to use the ™ symbol to indicate your claim to the trademark rights.

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