Back to Trademark basics

Is a trademark valid from the date of filing or the date of registration?

Founder & Trademark Attorney

A trademark's validity depends on the filing jurisdiction.

In the EU, UK, and most of the world, a trademark is valid from the filing date, provided the application is ultimately accepted. Your rights are backdated to when you first filed, not when the rights were granted.

In the US, formal trademark rights begin at the registration date. However, filing still establishes a priority date over later applicants, and common law rights based on use in commerce run from the date of first commercial use.

In both jurisdictions, you should file the application as soon as possible to avoid complications in the future.

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