Filing a trademark application now can be a smart move if you plan to sell new products in the future. However, the way you approach the application depends on your current business plans and how you intend to use your trademark. The U.S. trademark system provides flexibility through intent-to-use applications, allowing you to secure rights for your brand even before your new products hit the market.
Here’s what you need to know about filing a trademark application when you’re planning future product launches.
Why File a Trademark Application Early?
1. Secure Your Rights Before Launch
Filing early—before your products are available—reserves your rights to the trademark. The filing date establishes your priority, which means no one else can register the same or a confusingly similar mark after that date.
Example:
If you’re planning a new line of skincare products under the brand “GlowPure” but haven’t started selling them yet, filing a trademark application now protects the name while you finalize your product development.
2. Prevent Conflicts
Filing early can help you avoid potential conflicts. By securing your rights to the name, you reduce the risk of others using or registering a similar mark before your launch.
3. Build Brand Recognition
Even before your new products are available, your trademark can become part of your marketing and brand strategy, helping you create buzz and establish recognition.
How to File a Trademark Application for Future Products
The USPTO allows you to file an intent-to-use (ITU) application if you plan to use the trademark in commerce but haven’t started selling the product yet. Here’s how it works:
1. Declare Intent to Use
In your application, you’ll indicate that you have a bona fide intent to use the trademark for the specified goods or services in the near future.
2. Specify the Goods or Services
Clearly describe the products or services you plan to sell. The description must be specific and aligned with the USPTO’s requirements.
Example:
• Instead of: “Beauty products”
• Use: “Moisturizers, facial cleansers, and sunscreen creams.”
3. File the Application
Submit your application and pay the associated fees. Once approved, your application will move through the examination process.
4. Provide Proof of Use
Before the trademark is registered, you must file a Statement of Use showing that you’re actively using the trademark in commerce. You have up to six months from the date of the USPTO’s Notice of Allowance to submit this proof (extensions up to three years are available for a fee).
What If You Expand Your Product Line Later?
If you file a trademark application for specific products but later want to expand your offerings, your original trademark registration will not automatically cover the new products. You may need to:
• File a New Application: For additional products or services that aren’t covered under your original description.
• Draft a Broad Description: When filing your initial application, include a reasonable range of goods or services you plan to offer in the future.
Example:
If you’re launching a line of athletic apparel under the name “RunWave” but plan to add footwear later, you could include “shirts, shorts, and footwear” in your initial description, as long as you have a bona fide intent to offer all those products.
Risks of Filing Too Narrowly or Too Broadly
• Too Narrow: If your application only covers a limited range of products (e.g., “t-shirts”), you won’t be protected for future products (e.g., “shoes”). You’ll need to file a new application for those additional items.
• Too Broad: Overly broad descriptions can lead to rejection or a requirement to provide more detail. The USPTO requires that descriptions be specific and realistic.
What Happens If You Don’t File Early?
If you wait to file until after your new products are ready to launch, you face several risks:
• Loss of Priority: Someone else might register a similar mark in the meantime, making it harder for you to protect your brand.
• Increased Costs: Late filings can lead to legal disputes or the need to rebrand, which can be expensive and time-consuming.
• Market Confusion: Without a registered trademark, you may struggle to prevent competitors from using similar branding.
Tips for Filing a Trademark When Expanding Product Lines
1. Be Realistic About Future Plans
Include only the goods or services you genuinely intend to sell within a reasonable timeframe.
2. Use Intent-to-Use Applications
This gives you the flexibility to file before your products are available, securing your rights early.
3. Consult the Trademark ID Manual
The USPTO’s Trademark ID Manual provides pre-approved descriptions for goods and services, which can streamline your application.
4. Consider Long-Term Strategy
If you anticipate significant growth, consult with a trademark attorney to craft a strategy that aligns with your business plans.
Conclusion
If you plan to sell new products in the future, filing a trademark application now is a proactive way to protect your brand. An intent-to-use application lets you secure rights to your trademark before your products hit the market, reducing risks and setting your business up for success. However, your application must be carefully tailored to reflect your current and future business goals.
Consulting with an experienced trademark attorney can help you navigate the application process, craft a strong filing, and ensure your trademark aligns with your long-term strategy. Protecting your brand is one of the most important investments you can make—don’t wait until it’s too late!