Can I Use My Brand Before Trademark Registration?

[Sasi Kala]

I have applied for trademark registration for my business name, but the application is still under examination. Can I start using the brand name and logo for my products and marketing before the trademark is officially registered? Are there any legal risks if someone else claims ownership during this period?

[KASTURI SETHI]

Q. Are there any legal risks if someone else claims ownership during this period ?

Ans. YES.

Better option is not to use trademark before registration at all.

Full protection would be absent.

Do not hurry.

AI Summary

Trademark registration gap: using a brand before registration may be possible, but ownership disputes and priority risks remain during examination. Use of a brand name and logo before trademark registration remains possible while the application is under examination, but it carries legal risk if another party later asserts ownership of the same mark. The issue concerns the gap between filing and registration, during which the applicant may continue branding and marketing activities without the formal protection that registration provides.