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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

It is always recommended to apply for a trademark as soon as you decide to protect your brand. Once you file the application, you gain priority right over anyone filing the same/similar word or design after you.

On the other hand, filing with an "intent to use" is a bit more financially demanding option. The fee is currently $100 per class, not counting the additional service fees of your legal representative if you are using one. The payment is due at the time of specimen submission, which can come at a later date than the original application filing.

With "intent-to-use" applications, there's also a risk you won't be able to launch your brand and provide a specimen of use in time, leading to your application being refused.

However, we have to note that should you require the filing number, for instance, for the purpose of joining the Amazon Brand Registry, it doesn't matter whether you file your application on a "use in commerce" or "intent to use" basis. Just make sure that with the "intent to use", you'll be able to provide the specimen in time to avoid losing your trademark.

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