With trademarks, the early bird gets the worm.
I’m often asked when is the best time to trademark a new business or product name. On one hand, entrepreneurs feel pressure to register a trademark right away before anyone else starts using the name. On the other hand, registering for a trademark can seem expensive and time-consuming, particularly when the product or business isn’t even ready yet.
As a serial entrepreneur, I’m not in favor of spending money when you don’t need to, 或者把钱投入一个企业，你知道它成功的可能性之前，. 然而, 我几乎总是建议创业者尽快注册商标. 之所以有两方面.
First, registering a trademark will help prevent anyone else from trying to use the same, 或混淆性相似, 名字. The second reason may not be as obvious, 但同样重要. 一个成功的商标申请，确保您的企业或产品名称是真正可使用, and you’re not taking someone else’s mark.
Protect your name as soon as possible.
First, let’s start with some basics about trademarks.
According to U.S. trademark laws, 一个企业，只要它在商业中使用具有普通法权利的唯一名称. 然而, common law rights are limited to your geographic area, and provide limited help in court should you try to challenge another business for using the same name. These are some of the main reasons why businesses apply for federal trademark protection in the first place.
A standard trademark – 正式名称叫实际使用商标 — 要求你的产品或服务是市场做好了准备，并且你已经使用在商业标志. 但是，如果你的企业是不是准备好黄金时间未定? 在这种情况下, the U.S. 专利和商标局 (美国专利商标局) will let you file an intent to use trademark application.
The intent to use trademark basically reserves a trademark until you’re ready to use it. 主要的好处是，它设置你的申请日期为建设性的日期为建立全国性的优先. If you file an intent to use application on October 1, 但还没有推出的产品尚未与另一家公司进来和文件上月实际使用商标申请 1, you will have superior rights to the name even though the other company went to market first.
Here’s the one important detail: For the intent to use application to be valid, you will need to put your mark in use, and file a statement of use application with the USPTO. The USPTO gives you six months to go to market after filing your intent to use the application. If you’re not ready by then, you can file a six-month extension – 并具有最多五个附加总. But if you fail to file an extension on time, 或者还没有准备好后，您的五个扩展了, then the USPTO will consider your application to be abandoned.
To appreciate the importance of applying for an intent to use trademark early in the process, here’s a story cited in the National Law Review.
A Minnesota business filed an intent to use trademark application on December 10, 2011 for the mark, BLAST吹干BAR. 然而, a Texas business had already filed an actual use trademark application on December 8, 2011; 来自明尼苏达业务申请被驳回. 有了它提交了意向早期仅仅三天使用的应用程序, it would have received priority.
The takeaway? 这是完全可能的，别人会拿出同样的想法，你的实体名称, and with trademarks, the early bird gets the worm.
Identify red flags as early as possible.
In addition to marking your claim sooner, there’s another good reason to apply for an intent to use trademark early in the process. It ensures that you aren’t putting yourself at legal risk by infringing on someone else’s name.
When you apply for a trademark, whether it’s an actual use or intent to use application, the USPTO is going to assess your proposed mark.
除其他事项外, they’ll take a hard look at the likelihood for confusion between your proposed mark and anything else out there on their market. They’re not just looking for the identical name; they’re looking for anything that might confuse consumers, 如拼写和发音相似. 这也是为什么它是一个聪明的想法在递交申请之前进行彻底的商标和名称搜索. It’s better to catch any red flags as early in the process as possible.
If your intent to use application is approved, you can rest assured that your proposed name is legally available, that you’re not infringing on someone else’s property, and that you won’t receive a cease and desist letter years later from another company. Or, if you do receive a letter, you’ll know they don’t have much of a case.
Nothing is worse than spending months, even years, 围绕发展有一定名字的品牌，才发现另一公司已拥有它. Applying for a trademark early means you can identify, and work out any potential legal issues before you invest all your time and energy into the name.
When it comes to building your brand, being proactive is the way to go. Unless you’re truly on the fence as to whether your business will be successful, there’s no reason to delay your trademark application. Applying for intent to use trademark protection as soon as possible ensures you’re not putting yourself at legal risk, and it’s the best way to protect your name.
