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Do I need to be using my trademark to register it?
No, but then an "Intent-to-Use" application rather than a "use-based" application is filed. An "Intent-to-Use" application must include a sworn declaration stating the owner's intent to use the mark but does not require a specimen of the mark. Additionally, the applicant of an "Intent-to-Use" application must later file a Statement of Use when the mark is used in interstate commerce. There is an additional fee (presently a $100 government fee) associated with filing a Statement of Use.
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