CAN I USE MY MARK DURING THE REGISTRATION PROCESS?

Should you continue to use your business name, brand name, and logo while you’re in the process of getting it federally registered? I get this question a lot because people start to get worried and wonder if they should be using it even though it is not yet registered. The answer is YES. You should absolutely continue using your mark

The reason why you should be using it is that one of the things that you have to show in your Federal application is that the name in use. You also have to show when you started using it and how you’re using it. In the registration process you will have to upload samples of use. For example, where are you using the logo, how it is being uses, or where are you using this brand name. If you want to register it in specific colors, you also have to show the colors. So, yes, keep using your mark during the registration process.

If you have a mark that you have not started using, yet, but want to register, you may do that, as well. If you want to trademark something that you’re not using yet but, you plan on using soon is also another scenario with a different answer. More on that to come…

Leave a Comment

Your email address will not be published. Required fields are marked *