Back to Trademark basics

When does the validity of a trademark start?

Senior Trademark Attorney

If a trademark application gets registered, the mark's validity starts at the filing date, not the date of registration. This means your rights are backdated to the date you filed, not the date registration is granted.

In the US, the registration date governs formal trademark rights, though commercial use establishes common law rights from the date of first use in commerce.

In both cases, you should file as early as possible. The earlier the filing date, the earlier the priority right over anyone who files a similar mark afterward.

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