Can I file for a trademark if I have not made sales yet?

Businesses that have not yet made sales may be able to file an intent-to-use trademark application if there is a bona fide intention to use the trademark in commerce.

A trademark application is a legal filing. Important information includes the correct owner, the mark itself, the goods or services, the filing basis, contact information, and—when required—evidence showing use of the mark in commerce. Errors in ownership, filing basis, or the identification of goods and services can create delays and, in some situations, may not be fully correctable after filing.

The filing basis explains why the applicant is entitled to apply. Two common U.S. bases are 'use in commerce,' for marks already being used in qualifying commerce, and 'intent to use,' for applicants who have a bona fide—meaning genuine and good-faith—intention to use the mark in commerce in the future.

Intent to use means the applicant has a bona fide, or genuine good-faith, intention to use the mark in commerce but has not yet begun the qualifying use needed for registration.