Using a trademark before it is registered
Nothing stops you from using a trademark before it is officially registered. Even so, it is wise to file your application early. Many Trademark Offices give priority to whoever files and uses a mark first, so a late filing can cost you.
What you give up without registration
Operating without a registered trademark means going without the protection registration provides. Another business may already be using the same unregistered mark, and if that business objects to your use, you could end up in a legal dispute. Registering gives you the right to use the trademark and to do business in your specific category.
The best time to file
We recommend filing as soon as you intend to use the trademark, or once you have started using it. Requirements differ from country to country:
- Some countries ask at the time of filing whether the trademark has already been used.
- Many countries will not register a trademark until it is in use, although extensions can often be requested.
- Others require a statement of use several years after the registration is granted.