Written by Jan Buza
Co-founder of Trama
If you file your application as an intent-to-use (1b), you will have to prove your commercial activities on the US market within about a year of filing your application.
Once your application has been examined by the US examining attorney and no issues have been found, you will receive a notification. After your application is issued a 'Notice of Allowance', you will be asked to provide a specimen (proof of your sales/commercial activity on the US market). When submitting the specimen, you'll also need to pay an additional fee.
If you postpone the filing of your application until you are active on the US market (use in commerce filing (1a)), you can avoid the aforementioned fee. However, the trademark protection will start later.
Ultimately, it is up to you when you want to submit your application; however, it is generally advisable to file as soon as possible.
What if the USPTO suspends my pending trademark application?
How much does adding a class to my US trademark application cost?
What are the consequences of repeatedly receiving office actions for the same trademark application?
What is better – to have separate national trademark registrations or a single EU registration?
Shall we register a word trademark, image trademark, or a combination?
What's the difference between registering a trademark through EUIPO and WIPO?
If my logo includes text, is the text also protected by the trademark?
If I register a trademark in one of the EU's member countries, will it be valid in all of the EU?
What happens if I receive a "likelihood of confusion" refusal?
What is a suspension letter in context of trademark office actions?
What if my trademark application is dismissed due to descriptiveness?
How can I overcome a Section 2(a) refusal of my trademark application?
What is the difference between substantive and non-substantive reasons for trademark dismissal?
Does the cost of trademark registration vary between countries?
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