Back to Trademark basics

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

Senior Trademark Attorney

Yes, a trademark can be registered before it is commercially used.

In most jurisdictions, proof of commercial use is not required when applying, but the application must be filed in good faith, which means you at least have a bona fide intent to use the mark. If a trademark is left unused for extended periods of time, it can potentially be cancelled by third parties.

In the US specifically, a trademark must be commercially active for it to be registered, but pre-launch businesses can file on an "intent-to-use" basis, which is reserved for brands not yet commercially active in the US market. After passing examination, there is a limited window to demonstrate that the brand has entered commercial use. More detail is available in our article on Intent to use versus use in commerce (US).

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