Jacksonville, FL asked in Trademark for Florida

Q: Should I file for trademark registration before my company officially launches our new product?

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1 Lawyer Answer
Michael Gerity
Michael Gerity
  • Trademarks Lawyer
  • Phoenix, AZ

A: If you are speaking about a federal trademark registration, you are generally required to wait until you are actually using the mark in commerce before filing for federal registration. You CAN file what is called an intent to use application before you actually start using it, but the purpose of those applications is to reserve a name so that you make absolutely certain that nobody takes it on you (by using it or registering it) before you. So, if that is a concern between now and the time you believe that you can begin actual use of your mark, then by all means, file the intent to use application.

However, if you are not concerned about somebody else using the name (say, for example, because it is a made up word that nobody is likely to come up with), or if you expect to begin using the mark in commerce very soon, then it is much simpler and a bit cheaper to file the application for registration immediately upon your first use in commerce.

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