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Should I file my trademark on an intent-to-use basis or wait until I start selling?

Written by Jan Buza

Co-founder of Trama

The sooner you file, the better. That’s why it’s recommended to file now on an intent-to-use basis rather than waiting. The priority date runs from the filing date, not the date commercial use begins. Every day you wait before filing is a day during which a third party could file a similar mark and establish priority over you.

An intent-to-use application costs slightly more in total than a use-in-commerce application, due to the Statement of Use fee payable after the Notice of Allowance is issued. But the extra cost of government fees pales in comparison to losing your brand to a competitor.

The practical constraint is the timeline: once the Notice of Allowance is issued, you have a set window to demonstrate US commercial use, with extensions available up to a maximum of 36 months. Make sure your US launch timeline is realistic within that window before filing.

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