Starting a business soon and wondering if you can trademark your business name before launching?
The short answer is: Yes—you can. And you should.
Securing your brand name early through trademark registration in the USA ensures that your identity is protected before someone else claims it.
Here’s everything you need to know about how to trademark your business name even before your product or service is live.
Why You Should Trademark Before Launch
Secure your name before competitors can
Protect your brand investment (marketing, website, logo, etc.)
Start building legal rights from day one
Avoid rebranding due to trademark conflicts
Filing a trademark before launch ensures you’re not building a business on shaky legal ground.
How to Trademark a Business Name Before Launching
If you’re not yet selling or operating, you’ll need to file under what’s called an Intent-to-Use (ITU) application with the USPTO.
Here’s the process:
1. Trademark Search
Do a professional search to make sure your name isn’t already taken or too similar to another trademark.
2. File an Intent-to-Use Application
The Intent-to-Use filing reserves your trademark while giving you time to launch your business. It shows the USPTO you plan to use the name in commerce soon.
3. Wait for Examination (4–6 months)
The USPTO reviews your application and either approves or sends an Office Action for clarification.
4. Publication & Opposition Period (30 days)
If approved, your mark is published. If no one opposes, your trademark moves forward.
5. Submit Proof of Use
Once you start using the name in business (e.g., website, sales, packaging), you file a Statement of Use with evidence.
6. Trademark Gets Registered
After review, your trademark is officially registered and protected nationwide.
How Long Does It Take?
On average:
Approval & publication: 6–9 months
Final registration (after use): Total of 8–12 months
You have up to 3 years to submit proof of use once your application is approved, giving you flexibility to build and launch.
What Happens If You Wait?
Someone else may file for the same name
You could be forced to rebrand
You risk losing your brand identity and marketing investment
Legal costs for fighting a conflict can be much higher than filing now
Pro Tip:
Even if your business is just an idea right now, trademarking your name early is a smart and cost-effective way to protect your future.
Who Should File an Intent-to-Use Trademark?
Entrepreneurs still building their product or service
Startups prepping for launch
Amazon, Shopify, Etsy sellers getting branding ready
Anyone who has a business name but hasn’t sold anything yet
Final Thoughts
Can you trademark a business name before launching?
Absolutely—and you should. It gives you a legal claim to your name and peace of mind as you build your brand.
At IP Bureau, we help founders file Intent-to-Use applications quickly, correctly, and affordably—so you can focus on launching with confidence.
Ready to Lock Down Your Business Name?
Book a Free Consultation
or
Start Your Trademark Application Today
