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Filing Process · 4 min read
When Should I Register My Trademark?
Earlier than most business owners think, and there's a specific filing basis for businesses that haven't launched yet.
The short answer: as soon as you've settled on the name or logo you intend to build your business around, and ideally before you invest heavily in signage, packaging, ads, or a website built around it.
Trademark rights in the U.S. generally go to whoever uses the mark first in commerce, or, for federal applications, whoever files first, provided they later put the mark into use. Waiting means someone else can file first, or you can spend years and real money building a brand around a name you don't actually have the right to keep using.
Already in business?
If you're already operating under the name, you file on a 'use in commerce' basis, showing the USPTO evidence you're actively selling under that mark.
Not launched yet?
You can still file, using an 'intent to use' basis. This reserves your place in line at the USPTO while you finish building the business, with a defined window afterward to show proof of actual use before registration is finalized.
Have a question specific to your business?
A 15-minute call is usually enough to get a straight answer.
Related reading
Why Trademark Searches Matter
Filing without a clearance search is the single most common way business owners lose money on a trademark application.
What Happens After You File a Trademark Application?
Filing is the beginning of a process that typically runs somewhere between eight months and well over a year. Here's what happens in between.
What Is a USPTO Office Action?
A formal letter from the examining attorney raising a legal or procedural issue with your application, not a rejection, and not the end of the road.