Risks of Waiting for Actual Use to File

The risk with waiting to file until you have actual use in commerce to file your trademark application is that if someone else starts using or files for a similar mark in between now and when you have your first sales, they could have priority of rights over you. So while you may avoid additional fees for filing a Statement of Use or Extension of Time to file a Statement of Use, you could potentially discover that your application for and/or use of the mark is in conflict with someone else.