Startup Launch • Trademark Filing

How to Trademark Your Brand Before Launching -- Without Risking a USPTO Refusal

October 4, 2025
6 min read

From clearance searches to intent-to-use filings, there is a clear roadmap for startups to protect brand assets before the first sale.

Start With a Comprehensive Clearance Search

Free knockout searches catch obvious conflicts, but only a professional search scans phonetics, foreign equivalents, business names, and domain registrations.

Investing in clearance now prevents costly rebrands after product-market fit.

Reserve Priority With an Intent-to-Use Filing

File as soon as you have a finalized brand name, even if packaging and marketing are still in development. This locks your priority date and deters copycats.

You can update specimens later, but the earlier filing date can be decisive if disputes arise.

Document Real-World Use Before Statement of Use

Capture photos, invoices, and marketing collateral as soon as you begin selling or servicing customers. This evidence makes the Statement of Use straightforward.

Remember that beta tests with non-paying users rarely qualify as bona fide use; plan your first commercial sale deliberately.

Build a Launch Protection Checklist

Legal Mark Experts coordinates clearance, filing, and monitoring so your launch timeline stays intact.

We also advise on domain registrations, social handle locking, and brand guidelines to prevent internal misuse.

Need help applying these insights to your brand?

Our senior case analysts prepare filings, responses, and monitoring plans tailored to your risk profile.