The best time to trademark a product name depends upon when you plan on first selling the goods or services. If you’ve already begun selling product under the name, then do not wait any longer to file a use-based trademark application.

If you have not yet begun selling product, it might make sense to wait depending upon how time will pass before you’re ready to launch your product. Keep in mind that an ITU application requires a subsequent filing to show evidence of use, which will incur additional costs. So, if you are within a matter of days or weeks of the initial product launch, it might make sense to wait until after the launch to file a use-based application to save some money. The risk of waiting, however, is that a third party may beat you to the MyIPO in applying for a similar mark for similar goods or services.