When should we register a trademark?

Yes, for the U.S. The USPTO will not register your mark until you can show use of it. However, the U.S. does permit filing what is known as an "intent to use" application which provides a priority date as early as the application filing date once use has been demonstrated and the mark has registered. The requirement to demonstrate that use can be postponed/extended for 3 years from the date the application is allowed to register by the USPTO which is roughly about 6 - 12 months from the filing date of the application. Thus, if you are worried about a competitor rushing to use or file an application to register their similar mark, you can file the application to register your mark as long as you can foresee using the mark and offering the product within about 3 or 3.5 years from the application filing date.

Trademarks can and should be registered when when your mark is actually used in interstate commerce. As the first attorney to comment noted, an ITU can be filed and periodically renewed to place hold your mark. Before you beta test the branding however, have an attorney take a quick look at/research the proposed brand name to help you to determine the International Classification category(ies) in which to file and to make sure that the proposed mark is relatively clear, strong and low risk of potential for objections by your competitors or other similar mark holders. When you're firm on the brand name but beta testing the visual aspects - designs, etc., you can file an ITU on the name to place hold it while you finalize your branding. Depending on the state, you will also have some degree of common law (state) protection for your mark.

You want to register your trademark AS SOON as you realize that you would fight not to lose it. The cost of registration will be negligible compared to the cost of having to prove in court that your brand is your brand. A registered trademark pushes the burden of proof onto the other side, so it would make it very expensive to prove that your trademark is not rightfully yours.

We published two cartoons about this:

http://trademarkfactory.ca/cartoon/7_benefits_of_registering_trademarks

http://trademarkfactory.ca/cartoon/should_i_register_my_trademarks

Hope it helps,
Andrei