Empower Your Brand on Amazon with Shiftur – Start Today!

No, you don't need to be selling products or services to apply for a trademark in the U.S. You have two options:

• If you're already using the mark in commerce (e.g., selling products or services), we can file an "actual use" application on your behalf. This requires proof of use at the time of filing.
• If you haven't started selling yet but plan to, we can file an "intent-to-use" (ITU) application. This allows you to secure trademark rights from the filing date, potentially years before you start using the mark, giving you priority over others who begin selling later.

There are two main types of trademarks:

• Word Marks: These protect the wording of your trademark in any style (font, capitalization, etc.), offering broad protection across various uses.
• Design Marks: These protect a specific logo or design, including the style of wording and graphic elements. However, if you change the design significantly later, it might not be enforceable. A word mark generally provides wider coverage, while a design mark is ideal if your logo's unique style is key to your brand identity.

To prove use, you must submit a "specimen" when filing an application or Statement of Use. This can include:

• Photographs of the mark on your products or packaging.
• An online listing (e.g., Amazon) that clearly identifies the mark as your brand.

The specimen must be authentic—digitally altered images (e.g., mockups with edited backgrounds) are not accepted by the USPTO. This ensures the mark is genuinely in use in commerce.

You have flexible options based on your business stage:

• Option 1: Apply for an Actual Use (AU) application only for current products/services you're selling. You can file separately for future items later.
• Option 2: Wait until you're selling all intended products/services, then file a single AU application covering everything.
• Option 3: File a combined application—AU for current use and ITU for future plans within 12 months. This streamlines the process. Choose based on your launch timeline and budget, with Option 1 being quickest and Option 3 offering maximum protection.

An "Actual Use" (AU) application is for when you've already sold branded products or services in the U.S. Examples of qualifying use include:

• Selling soap on your website with the mark displayed.
• Listing products on Amazon with the mark as the brand.
• Using the mark on product labels or packaging.

Sales outside the U.S. (e.g., Canada) don't count unless shipped to U.S. customers. This legal requirement ensures the mark is actively used in U.S. commerce.

An "Intent to Use" (ITU) application is for when you plan to use the mark in the U.S. but haven't yet. Benefits include:

• Secures rights from the filing date, preventing conflicts.
• Allows time to prepare proper use before registration.

It's a two-step process: filing the application first, then submitting proof of use later. This is ideal for businesses planning a future launch with a unique mark.

You can list products or services you realistically intend to launch in the next 12-14 months. The USPTO allows flexibility, but:

• Include only items you're confident about to avoid abandoning the application.
• Over-listing can lead to extra fees if extensions are needed.

This helps tailor your trademark to your business growth plans.

A trademark search checks if your mark is available or conflicts with existing ones, based on "likelihood of confusion".

• It's not mandatory, but filing without one risks denial.
• We offer searches to identify potential issues, helping you decide if your mark is safe to proceed with, reducing future legal challenges.

After 14-18 months, if approved, you must take one of these steps:

• Option 1: File a Statement of Use (SOU) if selling all listed products/services.
• Option 2: File an SOU for only what you're selling, removing unsold items.
• Option 3: Request an extension (up to five times) if you need more time.
• Option 4: Do nothing, risking abandonment.

This step ensures your application progresses with your business reality.

Common words (descriptive, laudatory, geographic, or business terms) may need disclaimers:

• If part of your mark is descriptive (e.g., "soap" in a soap brand), you might disclaim it to secure rights to the unique part.
• If the entire mark is descriptive, it may only register on the Supplemental Register unless distinctive elements (e.g., a logo) are added, enhancing its protectability.

The USPTO may issue an Office Action citing refusal grounds. Options include:

• Respond with clarification or evidence.
• Refile with a different mark or product focus.
• Do nothing, leading to abandonment if contested.

We assess each case to advise the best path, though initial analysis requires your consent.

Renewal occurs every 10 years:

• Submit proof of use 5-6 years after registration and again at the 10-year mark.
• We'll notify you of deadlines via email.

Keeping track ensures continuous protection without lapses.