When you are preparing to launch a new business, product, or service, you typically want to secure your brand name before going public. This is where an intent to use trademark application comes into play. The United States Patent and Trademark Office (USPTO) allows applicants to file a trademark application before they have started selling or offering their goods or services, as long as they have a genuine intention (bona fide intent) to use the mark in the near future.

Filing an “intent to use” application gives entrepreneurs and business owners a head start in protecting their brand identity. It prevents competitors from registering the same name or a confusingly similar name or logo while you prepare for launch. This article explains how intent to use applications work, what steps to take after filing, and how to turn your application into a fully registered trademark.

Understanding the Intent to Use Filing Basis

When filing a trademark application with the USPTO, you must select a filing basis that describes your current relationship to the mark. The two most common bases are “use in commerce” (also known as a §1(a) filing basis) and “intent to use” (also known as a §1(b) filing basis).

A “use in commerce” application is for applicants who are already selling goods or offering services under their trademark. In contrast, an intent to use (ITU) application is for those who have not yet started using the mark but have a bona fide intent to do so. The USPTO accepts an ITU application as long as the applicant can show that they are making legitimate preparations to use the mark, such as developing a product, designing packaging, or creating marketing materials.

By filing early, you secure your place in line with the USPTO. Your filing date serves as your priority date, which means that if someone else later tries to register a similar mark, your earlier filing can give you superior rights once your mark is registered.

Why File an Intent to Use Trademark Application?

An intent to use application offers significant advantages, particularly for startups and businesses still in the planning stage. It allows you to claim ownership of a brand name, logo, or slogan before you actually launch, giving you time to finalize your product or service while protecting your brand in advance.

This type of filing also helps prevent conflicts later. If another party files a similar trademark after your intent to use application, you will have priority based on your earlier filing date. This can be crucial for businesses that want to secure names or logos that are still being developed.

Another benefit is that you can attract investors or partners with greater confidence, knowing your brand name is legally protected. Having a pending trademark application also adds credibility to your business and can strengthen your position in future licensing, marketing, or partnership negotiations.

The Intent to Use Trademark Registration Process

The intent to use process follows several steps before the trademark becomes fully registered. After filing your ITU application, the USPTO examines it to ensure it meets all requirements. If approved, it proceeds to publication in the Official Gazette, which allows others to oppose the registration if they believe it conflicts with their rights.

If no opposition is filed within this thirty day window, the USPTO issues a Notice of Allowance (NOA). This is an important milestone because it confirms that your mark has been preliminarily accepted, but it cannot yet register until you show that you are actually using the mark in commerce. To complete registration, you must file a Statement of Use (SOU) demonstrating how your mark is being used.

You have six months from the date of the Notice of Allowance to submit the Statement of Use, along with a specimen showing actual use, such as product packaging, labels, or a website screenshot displaying your mark in connection with your goods or services.

Extending Your Filing Deadlines

If you are not ready to use your trademark within the first six months after the Notice of Allowance, the USPTO allows you to request extensions. Each extension grants an additional six months to submit your Statement of Use, up to a maximum of five extensions.

This gives you up to three years from the date of the Notice of Allowance to begin using your mark in commerce. However, each extension must include a verified statement confirming that you still intend to use the mark. Failure to file the Statement of Use or a valid extension request within the deadlines will result in abandonment of your application.

Many businesses use this timeline strategically to coordinate their trademark protection with product development and launch plans. Working with a trademark attorney can help you keep track of these critical deadlines and ensure your filings are submitted correctly and on time.

Filing the Statement of Use and Specimen

Once your product or service is available in the marketplace, you can file your Statement of Use (SOU) to show that your mark is being used in commerce. This filing must include a specimen that demonstrates actual use of the mark with the applied-for goods or services.

For goods, acceptable specimens include product packaging, labels, or photographs showing the mark directly on the product. For services, specimens might include advertising materials, business websites, or brochures displaying the mark and describing the services offered.

The Statement of Use must also include the date of first use anywhere and the date of first use in commerce. Once filed, the USPTO reviews the SOU to confirm that it meets all requirements. If approved, your trademark will move forward to full registration, granting you nationwide protection and legal ownership of your brand.

Common Mistakes to Avoid in Intent to Use Applications

One of the most common mistakes applicants make is filing an ITU application without a genuine intent to use the mark. The USPTO requires that applicants have a real and demonstrable plan to use the mark in commerce, not just an idea or a desire to reserve it for future use.

Another frequent issue involves submitting an improper specimen when filing the Statement of Use. For example, mock-ups or digital renderings that are not actually in use do not qualify. The specimen must show genuine, current use of the mark in the ordinary course of business.

Missing deadlines is another costly mistake. If you fail to file your Statement of Use or request an extension in a timely manner, your application will be abandoned, and you will lose your filing priority. In that case, you will have to re-file your trademark application. Keeping a clear schedule of USPTO deadlines helps prevent unnecessary delays or loss of rights, which is something your trademark attorney will be able to help you with.

How an Intent to Use Application Protects Your Trademark Rights

Filing an intent to use application creates a priority date that can be vital in a dispute over similar trademarks. Even though your trademark is not yet in use, the filing date reserves your place in line. Once you begin using the mark and it registers, your protection extends back to your original filing date.

This system rewards proactive business owners who take early steps to protect their brand. It also discourages competitors from attempting to file similar marks after your filing date. If a conflict arises, your earlier filing can strengthen your claim to exclusive rights, as long as you follow through with actual use and complete the registration process properly.

By filing early, you gain both a legal and strategic advantage, which can make all the difference in crowded markets where strong brand names are highly competitive.

Why Work With a Trademark Attorney at Kinhal Law

Although the USPTO provides forms and guidance for applicants, the process of filing and maintaining an intent to use trademark can be complex. Errors in selecting the correct filing basis, submitting specimens, or meeting deadlines can lead to delays, rejections, or even abandonment of your application.

A trademark attorney can help you avoid these pitfalls by making sure that your application is accurate, strategically planned, and timely filed. At Kinhal Law PLLC, we work with clients all across the United States to protect their brand names, logos, and slogans before they launch. Our firm assists with trademark clearance searches, filing intent to use applications, managing extensions, and submitting Statements of Use.

If you are preparing to launch your business or product and want to secure your brand name early, we can guide you through each step of the process.

Book a free consultation today to learn how we can help you file an intent to use trademark application and protect your brand from the very beginning.