Back to Using your trademark

When can I start using my trademark?

Written by Jan Buza

Co-founder of Trama

You can use your brand in commerce at any point, including before the trademark application is filed or while it is pending. A trademark is not a trading license; commercial use is not contingent on registration.

The ™ symbol can be used from the moment you are asserting trademark rights, including during the pending period. The ® symbol can only be used after the trademark is fully registered. In the US, using ® before registration is a federal offense; in most other jurisdictions it is similarly prohibited.

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