Back to Trademark basics

When does trademark protection begin?

Written by Jan Buza

Co-founder of Trama

In most jurisdictions, trademark protection begins from the filing date, provided the application is accepted. This gives the applicant priority over anyone who files a similar mark afterward, and if the application succeeds, rights are backdated to the filing date.

In the US, formal trademark protection begins from the registration date. Common law rights based on commercial use run from the date of first use in commerce.

During the period between filing and registration, you can use the ™ symbol to indicate that trademark protection is being sought.

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