So you have finally come up with a way to identify yourself from the competition, what do you do now?  The obvious answer is to register your trademark.  Next question, soon can I use my trademark once I decided on it?

The good news is that you may begin use your trademark at any time once you decide to start marketing and/or selling your goods or services under the trademark.  There is nothing that requires you to register your trademark with the U.S. Patent and Trademark Office prior to beginning use thereof.

One major note of caution, however, just because you can begin use of your trademark does not mean that you should.  Prior to beginning use of your trademark, research should always be performed to make sure that your trademark is cleared for use and, if adopted, would not be likely to cause confusion with another trademark already in use by another.

A Trademark Research report will identify any and all trademarks which are already in existence so that you may be informed whether or not use of your proposed trademark is cleared (i.e., is not likely to infringe upon another's trademark already in use) or not.

Additionally, should another entity ever bring an infringement action against you proof that you "cleared" use of your mark through a research report may be used as evidence of your reasonableness in selecting and beginning use of your trademark.

Standard US TM Search includes US Federal and State search. Comprehensive US TM Search also includes US Common Law databases and Internet Domain Names. Comprehensive US and International TM Search also includes searches in Canada, Europe, United Kingdom, Germany and WIPO. Customized searches are also available to assist clients with a legal analysis for brand availability or expansion, company names, foreign trademarks or common law.

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