Can I apply for the trademark even if it's not used in commerce yet?

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Written by Jan Buza

Co-founder of Trama

Yes, you can apply for a trademark even if it is not yet used in commerce. In many jurisdictions, including the United States, you have the option to file a trademark application based on an "intent-to-use" (ITU) basis.

Filing an intent-to-use trademark application allows you to secure your rights to the mark while you are in the process of preparing to use it in commerce. This is particularly useful if you have plans to launch your brand or product in the near future but have not yet started selling or offering it to the public.

However, it's important to note that in order to complete the trademark registration process and obtain the actual registration, you will eventually need to demonstrate actual use of the mark in commerce. This typically involves submitting evidence of the mark's use in connection with the specified goods or services.

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