I thought up a great name. When should I use or register it?


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Game Trademark Registration Trademark Law Intellectual Property

I thought up a great name. When should I use or register it?

As soon as possible after you conceive an idea for a name. For many years it was necessary to first make a bona fide commercial use in interstate commerce of the name or mark before you were able to register a trademark. Only after you made such use, could you file for registration.

Changes in U.S. trademark law also permit you to file on the basis of “intent to use” and to maintain that application for up to three years. However, registration still requires that the applicant prove use has occurred. If you can make legitimate bona fide use, such use will always be preferable to filing an “intent to use” application, but whatever can be done first should be done immediately.

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