What if my brand is not active yet and I would like to get an US trademark?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, it is possible to obtain a trademark registration in the United States for a brand that is not yet active. The United States Patent and Trademark Office (USPTO) allows applicants to file trademark applications based on an "intent-to-use" (ITU) basis.

Filing an intent-to-use trademark application allows you to secure your rights to a mark even if you have not yet commenced actual use of the mark in commerce. By filing an intent-to-use application, you establish a priority filing date, which can be crucial in determining your rights to the mark. This priority date is preserved even if other applicants file similar marks after your application's filing date.

It's important to note that eventually, you will need to demonstrate actual use of the mark in commerce by submitting evidence to the USPTO. This typically occurs after the application has been examined and approved for publication. The evidence of use is submitted through a "Statement of Use" or a "Declaration of Use" and should show that the mark is being used in connection with the specified goods or services.

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