When Should You File for a Trademark? Timing is Everything

By Attorney Robbie Crosier

You've got a stellar brand name, an eye-catching logo, and a burgeoning business—so when should you file for a trademark? The answer is often sooner than you think. As trusted Dallas trademark attorneys, we emphasize that understanding the timing and the term "use in commerce" can make a huge difference in protecting your intellectual property.

Why File for a Trademark?

First and foremost, a trademark offers your business exclusive rights to a brand name, logo, slogan, or other identifying markers. By filing for a trademark, you gain the legal power to prevent others from using a similar mark that might confuse consumers. If you're serious about your brand's longevity and market recognition, a trademark is a must.

What is "Use in Commerce?”

When we talk about "use in commerce," we're referring to the actual utilization of the mark in selling or marketing goods or services. Simply coming up with a brand name or designing a logo isn't sufficient. You need to actively use it in business transactions—such as in advertising, packaging, or on a website—to qualify for a trademark.

The Importance of Timing

The United States operates on a "first-to-use" rather than a "first-to-file" trademark system. This means that the first entity to use the mark in commerce generally has the superior claim to it. However, the caveat is that this claim must be defended legally, which can be complex and expensive. This is where the expertise of a Dallas trademark lawyer comes into play.

The sooner you file your trademark application, the better. With current wait times for an application hovering around 12 months, early filing ensures that your brand is legally protected as quickly as possible. The longer you wait, the higher the risk of someone else using a similar mark, which could necessitate costly legal battles down the line.

Conclusion

As leading Dallas trademark attorneys, we strongly recommend filing for a trademark as soon as you've started using the mark in commerce. Remember, it's not just about claiming ownership; it's about protecting your brand identity from potential infringement. With the lengthy application process, the importance of timing can't be overstated.

If you're looking for comprehensive trademark services, Crosier Law Firm is your go-to source for expert advice, filing assistance, and ongoing trademark management. Don't leave your brand unprotected—contact us today for a consultation.