Trademark question

[hugegrowth]

Does a trademark take effect the day you make the application, or the day it is approved? I know this can sometimes take years, so just wondering for a name I'm looking to develop and possibly trademark.

 

[Theo]

The day you start using it in trade, that's the effective date.
If you're referring to "registered" marks, that's the date it was approved by the respective authority.

 

[hugegrowth]

Not sure what you mean by "the day you start using it in trade" and "effective date"?

I'm talking about a trademark term (like Disneyland, Disneyland.com) that would be defensible in court. If I've used a certain term for two years, then get a trademark for it in my country, is the trademark only defensible after the date the trademark is approved?

 

[namestrands]

If you use a Domain, Logo, or mark to sell or promote yourself or a tangible product or brand then you have every right to defend it as your trademark.

Timeline.
On Monday you buy domainname.com, you offer goods or services either free or payed and 1 second after you launch the domain you can defend it against trademark violation were someone to register a similar domain or service the next day.

However its never that clean cut.. too many variables to consider.. but bottom line, a trademark does not need to be registered it just needs to be a mark that distinquishes you in trade, hence the name TRADE MARK

 

[hugegrowth]

thanks!