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Can I apply for the trademark even if it's not used in commerce yet?

Written by Jan Buza

Co-founder of Trama

Yes, you can apply for a trademark even without prior commercial use. This is done under the intent-to-use (ITU) basis, which allows filing trademark applications before the mark is used in commerce. You only need a bona fide intent to use it in the near future.

Most other jurisdictions do not require any commercial use at the time of filing; applications can be submitted without a use declaration. The US is the main jurisdiction where the distinction between use-based and intent-based filing is legally significant.

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