Asked in Trademark

Q: When is a Trademark official? Could someone get in trouble for using a Trademarked word before the registration date?

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1 Lawyer Answer
Michael Gerity
Michael Gerity
Answered
  • Trademarks Lawyer
  • Phoenix, AZ

A: Understand that the actual rights to a trademark arise from the first actual USE of the mark in commerce in conjunction with goods and/or services. Registration then provides a large set of enhanced rights and options for enforcement, but it is the actual use that triggers the initial rights. As such, most people actually do use the mark before registration, and in fact, with the exception of an intent to use application, you are required to demonstrate that you have actually started to use a mark as part of the registration process.

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