I never thought the May 15th claim of "use in commerce" was valid, but we'll see what Kyle does. I don't think signing an agreement to develop something, legit or not, qualifies as "use in commerce." I know some claimed to be experts on the matter of filing with USPTO, so maybe they can provide some input.

Trademark applications – intent-to-use (ITU) basis
If you have not used your mark in commerce yet, but have a good faith intention to do so in the future, you can file an application to register your trademark or service mark under an intent-to-use (ITU) filing basis.

Although you don’t need to use your mark in commerce before filing an ITU-based application, you must show actual use of your mark in commerce by filing documents and paying additional fees within certain time frames before your mark may register. Click on the headings below to find out more about the ITU filing basis.

https://www.uspto.gov/trademarks-application-...plications