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Can I register a trademark in countries where my business is not active yet?

Written by Jan Buza

Co-founder of Trama

Yes. In most jurisdictions, commercial activity in the target country is not required at the time of filing. You can register a trademark in a market before you launch there, which is the recommended approach; it establishes priority before competitors can file.

The US is the main exception. Applications must be filed either on a use-in-commerce basis (the mark is already in active US commercial use) or on an intent-to-use basis (the mark has not yet been used in US commerce). Intent-to-use applications are accepted, but the applicant must demonstrate actual US commercial use within a set window after examination before the registration can be finalized.

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