Should I file an in-use or intent-to-use trademark application?

Deciding whether to file an in-use or intent-to-use trademark application depends on your specific circumstances and the stage of development of your brand or business. Here's an overview of each type of application:

1. In-Use Application: An in-use application is filed when you are already using the trademark. 

• Use in Commerce: You should file an in-use application if you are already using the trademark in connection with the goods or services listed in your application in a bona fide commercial manner in interstate commerce. This means you are currently selling or offering the goods or services using the trademark.

• Benefits: Filing an in-use application provides a quicker path to registration because it is based on actual use. It may result in a registered trademark sooner, which can be advantageous if you need immediate protection.

• Proof of Use: You will need to provide specimens of use showing the trademark as used in commerce along with your application.

2. Intent-to-Use Application: An intent-to-use application is filed when you have a bona fide intention to use the trademark in commerce but have not yet commenced actual use. However, you will need to submit a Statement of Use and evidence of actual use before the mark can be registered.

• No Current Use: You should file an intent-to-use application if you have a bona fide intention to use the trademark in commerce but have not yet started using it at the time of application. This can be useful if you are in the early stages of branding and product development.

• Benefits: Filing an intent-to-use application allows you to secure your rights to the trademark before you start using it in commerce. It provides a "priority" date, which is the date of your application, and can be advantageous in case of potential conflicts with other trademarks.

• Extensions: You can request extensions of time to file a Statement of Use, giving you additional time to start using the trademark in commerce.

In summary, choose an in-use application if you are already actively using the trademark in commerce. Choose an intent-to-use application if you are in the planning or development stages and want to reserve the rights to the trademark for future use. Keep in mind that the decision may also depend on your business strategy and the timing of your trademark protection needs.