Trademarks: question about applying for

Factual Questions
1

So I have a software application that I’ve been selling via shareware for a few years, but the current name is not trademark-able (already in use by other applications). I want to change the name and trademark the new name. Assuming that I have found a name that the US PTO website indicates is not currently trademarked, I then have two options: 1) I can apply for the trademark under “intent to use”, wait to see if I am granted it, and then change the name of my application; or 2) Change the name of the application, then apply for the trademark under “current use”.

What I’ve read on the PTO website seems to indicate that number 2 is the more common and more preferred method. Other than the obvious risk of changing the name and then not getting the trademark, are there any reasons not to go ahead with number 2? Any advantages to number 1, in this kind of a situation?

2

IANAIPL, but number 1 is usually used for people who want to “reserve” a name before they are selling anything.

You’re eventually going to have do #2 anyway.

3

The main disadvantage to #1 is the additional fee. The original application fee is the same whether you choose “intent to use” or “current use”, but there will be an additional fee ($100 IIRC) for the statement of use form submitted in a six-month window after the registration is granted.

If the additional fee isn’t a huge factor and assuming you’re not in trouble using the current name, it would seem cleaner to file the intent-to-use application and convert to the new name when everything is squared away. Of course, IANAL and this is only my opinion.