QUESTION: When do I trademark, before or after I begin to establish my brand? I checked USPTO's TESS, and the name I'd like to trademark for my brand is available. Should I start the trademarking process now, while still in the planning phases of my business, or would my application be more successful if I had a product to show for it, but taking the risk of the name being filed for by another party in the meantime? Thank you for your time!
ANSWER: If you have not yet started using your trademark, you can file an intent to use application. Doing so may give you “priority” over another once you start using your trademark since your date of first use will go back to the date of application filing.