What Is an Intent-to-Use Trademark Application?
Filing based on a genuine plan, before you've launched.
An intent-to-use (ITU) application lets you apply for a U.S. trademark based on a bona fide intention to use the mark in commerce — rather than requiring you to already be selling under that name.
Who this is useful for
- Startups planning a U.S. launch but not yet selling there
- Businesses reserving a name ahead of a franchise or licensing deal
- Companies rebranding, who want to lock in a new name before announcing it publicly
How it differs from a use-based application
A use-based application requires a specimen showing actual current use in U.S. commerce at the time of filing. An intent-to-use application doesn't — but it does require a genuine, good-faith intention to use the mark, not just a placeholder filing to "reserve" a name indefinitely.
What happens after filing ITU
If the application clears examination and publication without opposition, the USPTO issues a Notice of Allowance rather than immediate registration. You then have a window (with possible extensions) to begin actual use and submit a Statement of Use before final registration is granted.
An intent-to-use filing is not a way to "squat" on a name you have no real plan to use — the intention must be genuine, and USPTO records may later be challenged if that isn't the case.
Is this the right basis for you?
If you're already selling in the U.S., a use-based application is typically simpler. If you're not there yet but have a real, near-term plan, intent-to-use may be the better fit — we'll help you figure out which applies to your situation.
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