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Can you register a trademark before you start using it?

Posted on August 11, 2022 by Author

Can you register a trademark before you start using it?

Trademark registration is not a legal requirement, so although it is possible to use your business name before you achieve full registration, there are factors to consider: Trademark protection will not be available to you during this time.

Why should you register a trademark?

It is a good idea to register your trademark to protect yourself against an infringement suit, to add value to your company, to put your competitors and the public on notice of your rights in your own brand and to strengthen the legal protection of your mark.

What happens if you don’t trademark your business name?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

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What is first use trademark?

The US has a “first use” trademark system, where the first to use the mark in the marketplace has common law rights even if someone else might file to register the same mark first.

How do you register a trademark?

Tips To register a trademark, go to the U.S. Patent and Trademark Office’s Web site, www.uspto.gov. Make sure someone else hasn’t already registered the mark your category by checking the Trademark Electronic Search System database .

What needs to be trademarked?

Generally, trademark registration covers names, slogans, logos, short phrases and other similar identifiers that describe goods or services. In order to be eligible for trademark protection, the mark must serve to identify a particular good or service.

How to trademark a name for free?

Many people end up looking for how to trademark a name for free. It’s a bit complicated. You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business.

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When and how do I have to use trademark symbols?

You can use a registered trademark symbol as soon as you have officially registered your trademark with an appropriate government agency. Prior to this registration, you should use the unregistered trademark or service mark symbols, as this usage is often necessary to help demonstrate a trademark during registration.

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