Clients often ask if they can file for a trademark registration before they actually use their mark in commerce. The question usually comes up when they realize the way they have been using their mark may not technically constitute trademark usage. The short answer to this question is yes. Under the U.S. Trademark Act, Section 1(b) (i.e., 15 U.S.C. 1051(b)), it is permissible to file a trademark registration application before actually using a mark.
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