When is a trademark valid from?

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Written by Igor Demcak

Founder & Trademark Attorney

Trademark protection starts from the filing date of the application, if the application gets registered after examination. Your rights are backdated to when you filed, not when registration was confirmed.

The US is the main exception to this rule because formal trademark rights begin from the registration date, though prior commercial use establishes common law rights from the date of first use in commerce.

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