Risks of Waiting for Actual Use to File

< 1 min read

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.