You may file a US trademark application before use begins if you have a bona fide intention to use the mark and satisfy the requirements of the selected filing basis. A Section 1(a) application requires qualifying use when filed. A Section 1(b) application requires an acceptable allegation of use before registration. Applications proceeding under Section 44(e), or through the Madrid Protocol under Section 66(a), may register without pre-registration specimens, although other requirements apply.

After registration, maintaining US protection generally requires use for every retained good or service unless qualifying excusable nonuse applies. Section 8 applies to national registrations and Section 71 to Madrid-based US registrations. The first declaration is due between the fifth and sixth anniversaries of US registration, with later filings required at the ten-year stage and every ten years thereafter. A six-month grace period is available with additional fees.

For national registrations, the ten-year filing combines Sections 8 and 9. Madrid international renewal is arranged separately through WIPO, and its deadline may differ from the US Section 71 deadline.