Intent-to-Use Trademark Applications, Done Properly
USPTO applications filed before a mark is used in commerce, based on a genuine intention to use it.
Priya Raghunathan
What is at stake
Filing early can secure priority for a new brand name while the product is still being developed.
The playbook
- File as soon as a name is chosen
- Track statement-of-use deadlines
- Use the mark as described in the application
- Keep evidence of use
- Plan launch timing around deadlines
Where it goes wrong
Avoid:
- Filing without a real intention to use
- Missing extension deadlines
- Changing the mark significantly after filing
- Launching without checking conflicts
The numbers behind it
| Measure | Figure |
|---|---|
| Basis | Section 1(b) of the Trademark Act allows filing based on intent to use |
| Statement of use | must be filed before the mark registers |
| Extensions | applicants can request up to five six-month extensions |
| Priority | the filing date can establish priority once the mark registers |
Getting outside help
When to hand it over: Bring in help when naming products before launch.
Where this comes from
- United States Patent and Trademark Office — Intent to use applications
- United States Patent and Trademark Office — Trademark basics
The figures and practices above come from the sources listed.
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