When to File a US Trademark Application

Many business owners put off the process of registering their trademarks, considering it to be an expensive, time-consuming hassle. Unfortunately, waiting to file an application can result in a loss of rights and expenses in time and resources that would far outweigh the costs of an early investment in protecting your brands. So, when is the appropriate time to start the trademark application process?

Intent to Use a Mark

You do not need to be using the mark in commerce at the time that you file a federal trademark application. You may also file an application based on your intent to use the mark in the future. This timing may be important as you begin the process of marketing and developing your goods or services. Ideally, you would want to have an application in place to reserve your rights to the mark before the general public becomes aware of your plans, in order to avoid having to deal with a trademark pirate (which is not nearly as whimsical as it sounds) holding your mark for ransom.

This does not mean that you should adopt a scatter shot plan of filing trademark applications for every branding idea that passes a trademark search. It would certainly not be cost efficient to engage an attorney and pay the USPTO filing fees for every passing fancy. Particularly as you engage any business outside of your company (marketing, advertising, logo design, manufacturing, distribution) to work with the new brand, that would be a time to consider filing a trademark application. It is it difficult to maintain confidentiality once the information is more commonly known.

Trademarks 4 Life!

One of the most attractive attributes of trademarks is that they can live forever if used and protected. On the other hand, if you are only intending to use a mark for a short period of time, it would likely not be worth investing in the process. Currently, it can take up to ten months to receive an initial review of a trademark application filed in the US, and this timing is something to consider as you make your filing decisions.

As always, working with an experienced trademark attorney can help you navigate the ins and outs of this process. Personally, I feel that my job is done best when my clients are able to go about the business of their business with the confidence that their brands are protected.