Question
Do I have to file the application before a brand is launched, or after? What is the generally the best way to go or how do I determine the best strategy?
Answers: 2 public & 1 private
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.
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