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BizIPEsq., Attorney
Category: Business Law
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Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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For trademark purposes, should I go ahead and start selling

Resolved Question:

For trademark purposes, should I go ahead and start selling my t-shirts before I even get a Trademark or should I wait until I get my trademark before I start my business?

I just don't want to start a business to find out that I can't use my trademark at a later time for whatever reason and having to change everything after the fact. Ex: business cards, website address, banking info etc...
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

generally speaking trademarks are awarded on the basis of use. So interstate use should proceed a trademark filing

BizIPEsq. :

there is a provision whereby you can file for a trademark on the basis of an imminent use of the mark in interstate commerce but then you would have to submit a affidavit and many times such an application is scrutinized more by the examiner.

BizIPEsq. :

the use and application can happen almost in tandem as there is no requirement that the mark be in interstate commerce for any length of time.

BizIPEsq. :

I understand your dilemma in not wanting to invest in trademarking if the business is not going to take off, so often times a business starts using a name and then after there is some positive signs of success you can immediately file an application This would probably be the most cost effective and legally cautious approach.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

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BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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