If you are not yet using your trademark in interstate commerce (i.e., across state lines), you will need to file your trademark application based on an intent to use your trademark in interstate commerce.  However, you simply need to be aware that an intent-to-use trademark application will result in additional fees later on.  The U.S. Patent and Trademark Office (“USPTO”) charges a fee to file a statement of use (currently $100 per class).  Also, there could be additional costs if you need to extend the time to file a statement of use.  In this regard, a trademark applicant has 6 months from the notice of allowance to file a statement of use.  However, if the trademark applicant has not made interstate commerce use of the trademark by then, the trademark applicant will need to take a six month extension of time.  Up to five six month extensions are available and cost $150 per class.

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