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Q：
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When can I start using my trademark?
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A：
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You can use the mark anytime if you do not concern the protection of it in any country. You may consider to add “TM” or “SM” to your mark. A “TM”or “SM” usually is used in connection with an unregistered mark, to inform potential infringers that a term, slogan, logo or other indicator is being claimed as a trademark. Use of the TM symbol does not guarantee that the owner’s mark will be protected under trademark laws.
We suggest to submit trademark applications as soon as possible if your mark is already disclosed to others.
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Q：
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When should I register my trademark?
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A：
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Most International company will submit a word mark application once they have decided the name of their products/services. Then proceed to design their logo of the name and finally submit another application for the logo. If they have changed their design after several years, they will submit a new application for their new design. It is the perfect way to protect the mark.
However, some start-up companies have to control their expenses. We will suggest them to apply the designed mark and make sure that the name should not be disclosed to other before filing the application. Also, please conduct trademark search before filing the application. If the chance of registration is not very high, please change the name.
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Q：
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Can I use my trademark before I get it registered?
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A：
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You are able to use your mark anytime. However, if you concern the protection of your mark, you may consider to add “TM” or “SM” to your logo before the mark is registered.
If the mark has been registered, please put ® to your mark. The symbol ® is a notice of registered ownership used in many countries or regions to advise the public that a trademark or service mark is registered and to provide constructive notice of the legal ownership status of the mark with which it is used. The ® symbol should be used only in connection with registered trademarks or service marks.
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Where should I put “TM”, “SM” and ® on my mark?
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Typically, it is placed in the upper right-hand corner, in the lower right-hand corner, or level with the mark or logo itself. Each way is acceptable when displaying the appropriate symbol.
For example:
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Q：
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What is “Claim Priority”?
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A：
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A priority claim is an allowance based on Article 4 of the Paris Convention for the Protection of Industrial Property. It enables you as the owner of a filed trademark to file subsequent trademark applications in any of the Convention’s signatory countries using the effective date of your first application as long as you file the subsequent applications within six months of your original trademark application.
For example, your very first trademark application was submitted on 1st January 2020 in China. You are going to submit the same trademark application on 1st May 2020 in the EU. You may request to claim priority for EU, the application in EU will be considered to be applied on 1st January 2020. If any similar mark application filed after 1st January 2020 in EU, will be considered as a later application.
However, if you file the same trademark application on 1st August 2020 in the USA, the six months period is passed, you are not able to claim priority for the USA application.
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FAQ
