Back to Trademark basics

Is it wise to start selling products while the trademark registration has not been completed yet?

Founder & Trademark Attorney

A trademark's protection starts from the date of filing, not the registration date. So, if products are already in stock, there is no reason to wait before selling. Your unregistered application already provides a certain level of protection.

However, that protection is only valid if the application is ultimately accepted. If the application is refused, you will need to rebrand. Acquiring large quantities of stock before the outcome is confirmed carries that risk; if a refusal occurs, significant stock with the original branding becomes a complication.

To avoid the risk of rebranding, it's generally recommended to submit your name for a lawyer's check that will uncover any identical or confusingly similar names.

Related questions

Stories of our clients: Scramble

”Imagine what kind of startup performance we would see with founders spending 5% of their time on fundraising instead of 50%?” Scramble, founded by Kamil Kurmakayev, presents an elegant solution for startups’ fundraising needs and it is our pleasure to protect this brand that helps others.

Answering all your trademark concerns

Many entrepreneurs still consider trademark registration to be the least important step in the process of establishing their brand. This can become a big issue. Not registering a trademark from the start leaves a company vulnerable to potential copycats and other forms of brand infringement that can significantly damage its reputation and hamper growth.

3 stripes out for Adidas

This case study focuses on the battle fought by Adidas to protect its mark in the form of three stripes, exploring the implications of the historical as well as more recent decisions of the court.