Pros and cons if trademark is already in use or not

[JessicaBrown]

Hi i am currently filling the US trademark form and everything is going fine. I simply have a question regarding the option to write if my trademark is already in use or not. Let's say i could do both.

For example i could
1)start doing business with my product name for a year and then start the trademark process after
or i could
2)fill the trademark form right away and fill it by saying my product name is not yet used in business

I am wondering what are the pros and cons of choosing one of those options.

Thanks

 

[Michael Wechsler]

The only pro of #1 is if you really aren't sure about doing business or the name and you need to save the filing fee. But if you're seriously going into business and using this name, just pay the fee and file. You'll be protected and not worried about someone creating a great deal more trouble later.