A trademark can be registered even before it is actually used in commerce so long as the registrant verifies a bona fide intention to use the mark in commerce and actually does so within 6 months.

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This is known as an intent-to-use (ITU) application, which allows the applicant to secure rights to a trademark before actually using it in commerce. The applicant must provide a sworn statement declaring a bona fide intention to use the mark in commerce and must actually use the mark within 6 months to maintain the registration.

A Trademark Can Be Registered Even Before It Is Actually