Why You Don't Need to Register Your Trademark Before You Use It

trademarks Apr 18, 2023
Artful Contracts

If you're holding back on launching a new offer or starting your business because you're afraid someone else will copy the name... this episode is for you. You can file a registration for a trademark you haven't used yet, but it may not be the best idea. Tune in to hear my (somewhat controversial) opinion and the requirements for an intent-to-use trademark application.

If you're ready to protect your trademark (whether you're using it or not!), head on over to artfulcontracts.com/trademarks to learn more about my done-for-you trademark registration service. 



Key Takeaways

  • While you can file an application for a trademark you haven't used publicly yet, you won't receive a registration certificate until you have proof that you're using it with a good or service that is available to the public
  • Filing your trademark application saves your spot in line - anyone who files after you will have to wait until your mark is either registered or rejected to have their application reviewed
  • You have to have a good faith intention to use your mark within a year of filing your application. That means that idea of someone else seeing your name and then rushing to file first doesn't hold water (unless they already were using it, in which case it's totally their right)


Resources Mentioned


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