Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Hello, I will be assisting you
generally speaking trademarks are awarded on the basis of use. So interstate use should proceed a trademark filing
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.
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.
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.
Thank you for allowing me to assist you
Please rate my service
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).