Can I start using the brand with trademark application still pending?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

Once you file your trademark application, you will receive an official confirmation, including your application/serial number. At this point, you are allowed to start using your trademark with the ™ symbol. You can do so from the date of the official filing of the application with the relevant IP Office.

This marking symbolizes that you are trying to fully register your trademark. Once you are officially registered, you can start using the ® marking. This symbol indicates that your trademark is registered with an IP office.

In conclusion, you can start using your brand while the trademark is still pending, as your brand is protected from the date of filing. If you secure your trademark successfully, and you find out a third party was copying it while it was pending, you can reach out to them and ask them to stop.

If you are unsure if your application will be successful, you can wait and only start using your brand after it is officially registered.

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