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

Founder & Trademark Attorney

Yes. A trademark application is not a business license, and there is no requirement to wait for registration before using your brand in commerce.

In the US, trademark rights are partly based on actual use in commerce, so commercial use during the pending period contributes to establishing your rights. In the EU and most other first-to-file jurisdictions, use during the pending period is not required to maintain the application, but it does not harm it either.

During the pending period, use the ™ symbol to indicate that a trademark application is in progress. The ® symbol cannot be used until registration is confirmed.

One practical caution: if there is a significant risk of refusal or opposition, be conservative about large investments in branded stock or materials before the outcome is confirmed. If the application is refused, a rebrand becomes necessary.

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