You’ve got a great brand or business idea.
To protect its name or logo from being used by someone else, you’ll want a trademark.
But which type should you get?
Type 1: Use-in-Commerce (UIC) Application:
This type of trademark application is for you if you are already selling your product or service and using your brand name/logo openly in your business.
Benefits:
- Immediate protection upon approval.
- Direct route if you’ve got evidence now.
- You will need to submit examples of your brand name/logo on your products, website, or marketing materials in your trademark application.
Type 2: Intent-to-Use (ITU) Application:
Intent to Use applications are a loophole where you can file a trademark application if you have plans to use a brand name/logo, but have not started selling yet.
In about 9-11 months time, you will have to submit a Statement of Use before the USPTO will issue you a registration certificate.
Benefits:
- Protects your brand idea before you officially launch.
- Buys time (up to 3 years with extensions) before showing use.
- Apply now, show proof of use later once you start selling.
Questions to Consider:
Have you started selling yet?
ITU might be your best bet. It allows you to reserve the brand name or logo until you’re ready.
Already using the brand in your business?
Typically, a Use in Commerce application will be right for you. This will use your current sales as evidence to get your trademark.
Remember, starting the trademark process early can save a lot of headaches.
If someone tries to use something too close to your brand, having that application in place can make stopping them much easier.
Contact us to get started on your next Intent to Use trademark application.