Can I file a trademark application if I'm not currently selling any products?

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Written by Tomas Orsula

Senior Trademark Attorney

Yes, you can register a trademark before you start selling your product.

Special mention goes to the US, where you can apply on a so-called intent-to-use filing basis reserved for brands that aren't commercially active in the US market yet. However, after passing the examination, you will only have a limited time to prove you have actually started selling under the said trademark. You can find more information in our article on Intent to use versus use in commerce (US).

In other jurisdictions, you may not be obligated to prove commercial use, but you should still apply in good faith. Depending on the jurisdiction, trademarks unused for a certain length of time can be challenged by third parties and potentially cancelled.

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