How to Know When You’re Eligible to File for a Trademark


The ins and outs of trademark filings can be a little confusing if you’re new to business. In fact, you might not even know if your business name is eligible for a trademark in the first place. Today, I’m laying out the two key factors that are required in order to pursue a trademark filing, as well as what you can do to protect your intended trademark even if you aren’t yet eligible.

In this episode, we’ll cover:

  • Why you must currently be using your business name in commerce before filing for a trademark

  • Interstate commerce and its role in trademark eligibility

  • How to use an ‘Intent to Use’ application if you don’t yet meet trademark eligibility requirements

Interested in pursuing a trademark, but you’re on a budget? Join my new DIY trademark course! This course isn’t just a quick step-by-step. This deep and comprehensive course will walk you through the entire trademark process. The course will debut in October. Go to to join the waitlist. By joining the waitlist you’ll receive early access and a discount when the course is ready!

Where are you on your trademark journey? Take a screenshot of this episode, add it to your Instagram Stories, tag @andreasagerlaw and let me know! Plus, follow our brand new IG, @legalpreneur!

This episode is sponsored by The Contract Vault: 

With 90 contracts and counting, The Contract Vault is your all-access pass to industry-specific template contracts. Our contract templates are constantly being updated to reflect new changes in the law, ensuring that you and your business are fully protected.

Plus, members of The Contract Vault have access to our Members-Only Facebook Group, where each month I teach deep dives on important topics that you need to know to protect your business. Think of it as your Business Legal School.

Check out The Contract Vault here!

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The Legalpreneur Podcast is advertising/marketing material. It is not legal advice. Please consult with your attorney on these topics. Copyright Andrea Sager Law 2020