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Have an Idea? Secure Your Brand's Future from Day One!

Writer's picture: DEBORAH MORTIMERDEBORAH MORTIMER

Updated: Dec 21, 2024

So, here’s a common trademark misconception:

"You have to have an established business and must be offering/selling goods and or services before you can file a trademark application."

We all know that trademark registration is your shield of protection if you've already launched your business, and customers are enthusiastically embracing your brand. In this case, you’d file a 1(A) In Use trademark application with current proof that the brand is being used in association with the class of goods and/or services you claim. Plus, you must provide the date the brand was first used in commerce. This date is important. Click here to read more about “First to use” vs. “First to file”.


Now, picture this:

You’re a brand new business that hasn’t even incorporated yet or maybe you’ve been in business for the last 10 years. Regardless of where you are in your entrepreneurial journey, if you have an incredible idea for a new product or service, but you're still in the early stages of development, the 1(B) Intent to Use trademark application is your secret weapon, offering unique advantages for entrepreneurs like you.


1(B) Intent to Use Trademark Application: The Future is Yours!

 

Pros:

1. Time to Develop the Brand: By filing the 1(B) Intent to Use application, you secure a priority filing date even before launching your brand. This grants you valuable time to develop and refine your brand strategy without the immediate pressure of providing proof of use.

 

2. Protection Against Potential Conflicts: Filing the 1(B) Intent to Use application establishes your bonafide intent to use the mark. This proactive step helps protect your brand from potential conflicts or disputes with other trademark applicants who may have similar ideas (see #2 below)

 

Keep in Mind:

1. Proof of Use Requirement: While the 1(B) Intent to Use application provides more time to gather evidence of use, it is important to note that proof of actual use is still required before the mark can be registered. However, the additional time granted by this application type can be invaluable for entrepreneurs in the early stages of business development.

 

2. Potential Challenges from Prior Use: It's worth mentioning that brands with prior use can still challenge your intent to use application, even if they filed their application after yours. This highlights the importance of conducting thorough trademark searches and consulting with a trademark attorney to mitigate potential risks.


A Final Thought

Filing a trademark application during the brand's development phase is a smart strategy that major brands and companies explore to stay ahead of the game. They know that securing a trademark early on, you protect your brand identity and establish a strong foundation for future growth. This proactive approach requires conducting a comprehensive search to ensure that your brand is not infringing on already established brands. By waiting until after your mark has been cleared by a trademark attorney to invest time, money, and energy in building a brand, you can confidently pursue your business goals without the risk of legal challenges or brand confusion.


How We Can Help

At Mortimer Legal, PLLC we specialize in trademark registration, enforcement, and maintenance. We can assist you in selecting a strong trademark, conducting a thorough search, and navigating the registration process. We are committed to protecting your brand and helping you achieve long-term success.

 

Contact us today to learn more about our services and how we can help you protect your business' most valuable asset... your BRAND.

 

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