Can I launch my website and use the TM symbol while my application is pending?

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Written by Igor Demcak

Founder & Trademark Attorney

Yes. You can operate commercially and launch your website as soon as your trademark application is filed. Your filing date establishes your priority right, and trademark protection runs retroactively from that date if the application succeeds.

The ™ symbol can be used from the moment you are asserting trademark rights, including during the pending period. The ® symbol cannot be used until the trademark is fully registered.

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