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

Senior Trademark Attorney

You don’t need to be commercially active to file your trademark application. You can take advantage of the USPTO’s intent-to-use (ITU) filing basis. It allows you to secure a priority filing date while you prepare for a proper launch.

After your ITU application passes examination and the opposition period, the USPTO will send you a Notice of Allowance. You then have six months to file a Statement of Use demonstrating actual US commercial activity. Extensions of time are available in six-month increments, up to a maximum of 36 months from the Notice of Allowance date.

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