trademarks, servicemarks, and copyrights.

[kim9000]

hello,
i have recently decided to start a business and diligently reading up on the initial checks and balances. this question is related to trademarks, servicemarks, and copyrights.

does anyone know if you can use these symbols next to your brand before you get it registered? i am also looking to apply for a registered trademark but i would like to know if i can use these in the meantime.

[figurewizard]

There is no good reason why you should not be able to use any proposed trademark ahead of registration. The rule applying to 'prior publication' applies to patents only. It is also possible for you to acquire trademark rights through the common law. However to be able to enforce this would mean that you could evidence that the mark was involved with substantial and well established business nationally and that there was a danger of 'passing off' if someone else were to be allowed to continue to use it.

Joe.