Yes, although there are nuances and a plan of action may be needed. To more specifically evaluate this question, focus must turn, first, to whether the products and services at issue are, in fact, being provided “only locally.” If products or services are, indeed, being provided only locally, then the focus must turn to how to begin providing the goods or services in “interstate commerce.” The experienced trademark attorneys at Revision Legal offer more information below.

Use in interstate commerce requirement

One of the legal requirements for registering a federal trademark with the U.S. Patent and Trademark Office (“USPTO”) is “use in interstate commerce.” In somewhat simple terms, this means that the products sold have “crossed State lines” or that the services have been provided in more than one state.

Given the interconnectedness of the U.S. economy and the ubiquitous and omnipresence of the internet, it may turn out that your products or services HAVE been sold or used in interstate commerce. Note that only a small quantity of products or services must cross state lines — a few dozen products or services provided to a few clients in another State. So, it may turn out that you have NOT been providing goods and services “only locally.” If there is sufficient evidence of “use in interstate commerce,” then an application for federal trademark registration can be filed immediately.

Filing an intent-to-use application for registration

Now, if, in our case, there is no evidence of “use in interstate commerce,” an application for federal trademark registration can still be filed immediately. However, the type of application will be an “intent-to-use” application for registration. Generally, the application provides the standard information and then states that the applicant intends to use the trademark — within a year — in interstate commerce. If the trademark application is acceptable in all other respects, the USPTO issues what is called a “Notice of Allowance,” which lets the applicant begin using the trademark. After use has begun, the applicant then submits the proof and specimens of use in interstate commerce to the USPTO. If acceptable, the trademark application is finalized, and the trademark becomes registered.

During the USPTO’s processing of the application, an “action plan” can be drawn up for how to begin providing the goods or services in interstate commerce. That is, a plan is needed to generate sufficient use in interstate commerce to satisfy the legal requirements for registration of a federal trademark without too much difficulty, time, or expense. This is perfectly legal, acceptable and expected by the USPTO. Note again that only a small quantity of products or services must cross State lines to satisfy the “use in interstate commerce” requirement.

Contact the Trademark Attorneys at Revision Legal

For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.