Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
once you have begun actually using the name in commerce you can file a federal TM application (see www.uspto.gov for instructions and the online application). However, you should use a TM attorney or at least a service like LegalZoom to file the TM application, because it requires specialized knowledge.
There is also an "intent to use" TM application which can be filed if you haven't started using the mark in commerce but soon will, but it requires than you follow up within 6 months with a filing that shows your use in commerce
let me know if you need clarification
From the date of filing, how long does it take to be in effective
IN THE NY SUPREME COURT