Do I need to be using my logo in business before filing a trademark application?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

In most jurisdictions, no. You can file a trademark application for a logo before it has been used commercially. This is useful for businesses that want protection in place before launching.

The US is the main exception because applicants without prior US commercial use must file on an "intent to use" basis and are required to submit evidence of actual use before the registration can be finalized. Commercial use in the US market must begin within a set window after the application passes examination.

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