If you’ve been waiting to register your trademark until your business is up and running, here’s some good news: you don’t need to own an established company to file a trademark. In fact, at R.J. Pierce Law Group, P.C., we often work with clients at all stages of their journey—from side hustlers and brand-new startups to serial entrepreneurs building their next big thing.
Let’s break it down.
Who Can File a Trademark?
The United States Patent and Trademark Office (USPTO) allows any individual or legal entity to apply for a trademark as long as they use the mark in commerce or have a bona fide intent. This includes:
- Individuals
- Sole proprietors
- LLCs
- Corporations
- Trusts
You don’t need a registered business or a website. You need a genuine plan to use the mark to sell goods or services.
What If You Haven’t Started Selling Yet?
No problem! You can file what’s called an “intent-to-use” application. This tells the USPTO that you’re not selling yet, but you have a real, documented plan to do so. You’ll eventually need to prove that you’ve started using the mark in commerce, but filing early helps lock in your priority date—which could be crucial if someone else tries to swoop in.
Why Filing Early Matters
Registering your trademark until your business is “ready” can leave you vulnerable. Someone else could file first—even if you came up with the name. And if they get to the USPTO before you do, they could stop YOU from using it.
“Would you build a house on land you don’t own? So why are you building a brand, and you don’t own it?”
— Atty. Rosezena Pierce, CEO, R.J. Pierce Law Group, P.C.
How We Help First-Time Filers
We know the early stages of building a brand can feel overwhelming. Our team has helped thousands of first-time founders, influencers, and creatives secure their brands before making their first sale. We guide you through every step, from identifying the right trademark class to submitting your proof of use.
We specialize in:
- Filing trademarks based on intent-to-use
- Helping you set up your business structure (if needed)
- Clarifying ownership between individuals and companies
Bottom Line: You Don’t Need to Wait
If you have a name, a logo, or a slogan you want to secure—and you’re planning to use it in commerce soon—you can (and should) file a trademark. Don’t let “not being official” hold you back from securing your intellectual property.
At R.J. Pierce Law Group, securing your brand should happen early, often, and with the legal guidance you trust.
Ready to take the first step?
Book a consultation with our team, and let’s help you claim your brand before someone else does.
