When Can You File A Trademark Application?

You can file an application for a U.S. trademark registration as soon as a name, logo, or slogan is chosen.  While a trademark registration will not issue until the trademark has been used in commerce, the application can be filed based on actual use or intent to use.  Filing your application as soon as possible establishes your rights to the mark before others have the chance to do so. Filing as early as possible can avoid a lot of time, expense, and headaches trying to prove first use of a trademark or the burden of needing to rebrand. 

If a use-based application is filed, you must be able to show use in commerce at the time of filing and provide a first use date. If an intent-to-use application is filed, you will have to show use in commerce once the application is allowed. If you are still not using the mark at the time the Notice of Allowance is issued by the Trademark Office, you can file an extension of time to gain another 6 months to start using the mark. You can file extension requests every 6 months for up to a total of five extensions of time. 

If you would like more information about trademarks and the registration process, please contact us to ask a question or schedule a free 30-minute consultation.