When can I file a trademark application?

You can file either before or after you launch. In order to obtain trademark registration you must be using the mark in interstate commerce. Prior to such use, you may file under an "intent to use" status. This will preserve your rights until you can actually show that you are using the mark. If you are putting a great deal of effort and money into developing your brand, it may be wise to file before the launch. I often advise my clients to take advantage of intent to use. It is a little more expensive as you must periodically update the application, but compared to the cost of coming up with a new brand, it is minimal.

Good question. You have thought about trademarks prior to launch!! Good for you. Truth is you can file prior to or after. An application prior to use in interstate commerce is called an Intent to Use application and in the USA it is filed with the USPTO. It essentially says, "Hey federal government, I am about to use a brand, but before I do, I want you and the world to reserve my right to own this brand as it applies to XYZ good or service in the future." This is smart because if you plan on investing a lot of money into your brand, you won't be stuck in the terrible position of having to change brand names after product or service launch. If you file an Intent to Use application, then the next step is to submit a statement of use with the USPTO to let them know you have launched the trademark and are actually using it in commerce. In essence, an ITU application is like a reservation at a restaurant, it guarantees if you show up (or your product shows up) then you will own that trademark (or table in the restaurant). But just like the restaurant, if you do not show up, or you never bring your trademark to market, then you lose any and all claims to the table, or with regard to federal trademark rights. Bottom line is filing earlier is almost always better if you have the money, because you then have a prior right over someone who comes to market after you with the same or a confusingly similar brand name. Plus, your trademark rights in an ITU application will date back to the filing date of the ITU application. In other words, if you file an ITU tomorrow, and don't bring to market your product for another 18 months, your rights will still date back to the filing date, not 18 months after when you finally launch. This can prove critical especially now as the internet will give eyes to world of people watching you build your great brand.