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[AJDS]

I am trying to sell my products, with their trademarked names, on my website. But there are no sales yet. I am 2 days away to filing that I am using the trademark in commerce. Does it count if there are no sales yet? I am using the mark though. Thanks for any help.
Amy

[JSonnabend]

What you've described is a use of the mark, but not a use in commerce sufficient to support a registration.  Before you can register, you will need to place the goods in interstate commerce (generally speaking), usually by shipping across state lines.

Have you thought about filing an ITU app?

- Jeff

[AJDS]

Ok so now I'm confused. I thought my choices were to either file an SOU or an Extension. I looked up the ITU on the gov website but am confused. How does this differ from an extension?

Also, would you please be so kind as to advise some details about sales? What proof will I need? A cancelled check from a customer? A post office receipt showing I shipped the item? And how much sales will I have to do? I am a very small business owner, making an item and selling it for $75 each. How much will I have to sell to be considered legit? Is it the quantity I sell of a dollar figure?

[JSonnabend]

My misunderstanding.  I thought you were two days away from filing a 1(a) application.

If you previously filed an ITU application and your six month deadline for filing an SOU is coming up, then based on the facts as I understand them, I think you would be well advised to file an extension request.

As for your questions:

Regarding the "proof" you need, the answer is none.  Instead, you state under penalty of perjury that you have used the mark in commerce and provide a specimen showing the mark as used (e.g., on product packaging). 

Quantity is not important per se, only that the use be bona fide, not token (i.e., not for the purpose of meeting the "use in commerce" requirement).

Sales aren't even important.  There is no requirement that you "sell" anything, only that you "use" the mark in interstate commerce. 

- Jeff