Do I have to be currently using a trademark in order to file?
No. If you have a bona fide “intent to use” the trademark in interstate commerce but have not yet begun to use the mark then you can file an “Intent to Use” trademark application. This reserves your right to the trademark until you actually start to do business. While the costs associated with filing an “Intent to Use” and an “Actual Use” trademark application are the same, the “Intent to Use” applicant must later file a Statement of Use. The Statement of Use involves additional fees. This Statement of Use will notify the USPTO and the world of your actual date of first use when and if you start to use the trademark in interstate commerce. The “Intent to Use” trademark will not register unless and until the Statement of Use is properly filed.