Legal Question in Intellectual Property in California

I have the impression that the USPTO takes the "use in commerce" issue very seriously and may examine claims of use very closely. My advice is to regard the guidelines for what constitutes use as absolute minimum expectations, and if you aren't sure you meet or exceed them, buy the additional time rather than risk denial of your mark or worse, being accused of making false declarations.

This is what the extension procedure is for. Trying to pull one over on the trademark office could result in the application being canceled or denied.

The Trademark examiners take the question of use very seriously, and will investigate. A Web site usually doesn't satisfy them.

Keep in mind that "use in commerce" refers to OFFERING goods for sale, not actually consummating a sale. So advertising materials, business cards, etc. that you are using to promote the product for sale may qualify. (Product announcements may or may not.)

The USPTO website has some useful information about what does and does not qualify as "use in commerce" and I'd take a look at that. If your registration is already in the pipeline, you might call the Trademark Office and ask them if what you have in mind qualifies. (Remember that your taxes pay for this service.) I've found them to be helpful, but be aware that they can't give you specific advice.