Written by Tomas Orsula
Senior Trademark Attorney
Yes, you can register a trademark before you start selling your product.
Special mention goes to the US, where you can apply on a so-called intent-to-use filing basis reserved for brands that aren't commercially active in the US market yet. However, after passing the examination, you will only have a limited time to prove you have actually started selling under the said trademark. You can find more information in our article on Intent to use versus use in commerce (US).
In other jurisdictions, you may not be obligated to prove commercial use, but you should still apply in good faith. Depending on the jurisdiction, trademarks unused for a certain length of time can be challenged by third parties and potentially cancelled.
What sales do I need to make to satisfy the in-commerce requirement?
I want to register a CA trademark in one class; how much would that cost?
How much does adding a class to my AU trademark application cost?
What is the price for 2 or more trademark classes in New Zealand?
If the domain for a particular word is already taken, can I still register it as a trademark?
I already bought the website names for the brand, should I also register a trademark?
Is there any additional fee not accounted for in the final price for trademark registration?
What's better - registering the name or logo as a trademark?
What does it mean if my trademark is dismissed for being geopraphically deceptively misdescriptive?
What is the price for 2 or more trademark classes in the UK?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
