Can I Trademark a Brand Before It Is Launched? (Intent-to-Use Trademarks)

What if you have an idea for a brand that you want to protect, but you haven't launched your product or service yet?

Is it possible to trademark a brand before it is being used?

Check out this video and find out:

P.S. You may find it fascinating that many successful startups filed their first trademark applications before anybody took them seriously.

Uber filed their first trademark two months before launch; Firefox—two months before launch; Google—same month; Facebook—same month; Periscope—same month.

You get the point.

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TRANSCRIPT

Can you trademark a name or a logo, or a tagline, or anything before you become known through that brand of the marketplace?

And the answer is yes.

And actually filing for trademark application in respect of a brand that has not yet been launched is the only way to protect that brand.

So what's it called is Intent-to-Use trademarks in the U.S. or Proposed-Use trademarks in Canada.

You just tell the Trademarks Office that that's the brand you want to claim and that you haven't yet commenced using it in commerce but you are genuinely intending to start doing it in the nearest future.

In Canada and the U.S., you won't get you trademark registered until you declare and show to them that you have already started using the brand. But you can file for the application, it will go through all the regular steps, all the way up to allowance, but it will stay allowed until you file the Declaration of Use in Canada or Statement of Use in the US, at which point it will get registered.

So don't wait to protect your brand simply because you are thinking that you need to put the brand out there first and then trademark it. If you think that you would feel safer with having your brand protected before the launch, file an Intent-to-Use trademark and then launch it and then just file all the necessary paperwork for the trademark office to get it registered.


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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

See our answers to other frequently asked questions about trademarks or leave your comments below!


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