I want to file a trademark, but the problem is that I haven’t made any sales yet.
My Amazon listing shows my brand name in the brand and sold by options, and my packaging also features my brand name.
Should I file under “intent to use” or “in use”?
Since you haven’t made any sales yet, you should file your trademark under “intent to use” rather than “in use.” The “intent to use” option is for businesses that have a genuine plan to use the trademark in commerce but have not yet started making sales. Once you start selling, you will need to submit a Statement of Use to convert the application into a fully registered trademark. If you were already making sales with the brand name displayed on the product or packaging and could provide proof, you could file under “in use,” but since no sales have been made, the “intent to use” option is the correct choice.
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“In Use” if you’ve made sales, otherwise “Intent to Use.”
Have you checked Brand Registry?
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If your product is already listed with your brand name and properly branded packaging, you may qualify for ‘In Use’ when filing your trademark. However, if you haven’t made any sales yet, ‘Intent to Use’ might be safer to avoid complications. Once you get sales, you can later file a Statement of Use. I know someone who is experienced with trademark filings, I can recommend if you need his help on that.
I’m working with a law firm that specializes in trademarks, copyright infringement, and patents. Maybe they can help?
It doesn’t matter that you made no sales yet. Having a listing already counts as “being in use”.
This means that you can support your application using that listing and images of your branded products featuring your brand.
Since you haven’t made any sales yet, you’ll want to file under “Intent to Use” rather than “In Use.” The latter requires proof that you’re already selling products under your brand name. Once your trademark is approved and you’ve made sales, you can submit a Statement of Use to finalize it.
If you need help with trademarks or getting Brand Registry set up, feel free to check out Amazon-Consultant.co.uk—we help sellers with this stuff all the time!