Every great business starts with an idea and a name that sets it apart. But what happens if you are still developing your product and want to make sure no one else takes your name first? The answer is an intent-to-use trademark application. This filing gives business owners the ability to reserve legal rights to their brand name or logo before selling anything.
At Cohn Legal, PLLC, we work with founders and startups that are building brands from the ground up. The intent-to-use filing is often the first smart legal step on that journey. Let’s look at what it means, how it works, and why it is so valuable for anyone preparing to launch a new brand.
What Does “Intent-to-Use” Mean?
An intent-to-use (ITU) trademark application tells the United States Patent and Trademark Office, or USPTO, that you plan to use a trademark in the future even if it is not yet on the market. It’s a way to claim your spot in line before you start using the mark.
This type of application is filed under Section 1(b) of the Trademark Act and requires what is called a “bona fide intent” to use the trademark. In simple terms, that means you must genuinely plan to sell products or services under the name. It is not just about reserving something for fun or blocking a competitor. The government expects real intent backed by business plans, prototypes, or other evidence that shows you are serious about launching.
Why Founders and Startups Choose This Option
For most new companies, a lot of work happens behind the scenes before a product reaches customers. The design, packaging, website, and marketing might take months to complete. During that time, the risk of losing your brand name is real. Another business could file a similar trademark and claim priority.
Filing an intent-to-use application prevents that from happening. It gives you an early priority date, meaning that as long as you follow through, your rights start from the day you filed the application, not the day you actually launched. That protection can make all the difference if a dispute arises later.
Investors and business partners also appreciate when founders take proactive steps to secure intellectual property. It shows organization, foresight, and commitment to building a lasting brand.
The Step-by-Step Process
The process begins by filing an application through the Trademark Electronic Application System (TEAS) on the USPTO website. You must identify the goods or services you plan to sell, describe the mark, and pay the filing fee for each category, or “class,” of goods.
After submission, the USPTO reviews the application to ensure that it meets all legal requirements and does not conflict with existing marks. If approved, the trademark is published in the Official Gazette, giving other businesses a chance to oppose it.
If there are no objections, the USPTO issues a Notice of Allowance (NOA). At that point, the office is basically saying, “We’re ready to register this once you show us you’re using it.” That is where the Statement of Use (SOU) comes in.
You have six months from the date of the Notice of Allowance to submit the SOU, which proves that you have started using the mark in commerce. If you are not ready, you can file an extension request. Up to five extensions are allowed, giving you as much as three years from the NOA date to finalize everything.
Proving That You Have Started Using the Trademark
When you file the Statement of Use, you need to include a specimen, proof that the trademark is being used publicly in connection with your product or service. For example, a clothing company might show a tag with the logo, while a tech business might submit a screenshot of the mark on its app or website.
The USPTO examines your specimen to make sure it meets the requirements. If approved, the agency issues a registration certificate, officially granting you exclusive rights to use your trademark in commerce nationwide.
Why “Intent” Really Matters
The phrase “bona fide intent” sounds formal, but it is important. The USPTO expects applicants to have a real business purpose behind the filing. Submitting an ITU application without a genuine plan to use the trademark can cause legal problems later. Courts have even canceled registrations when companies could not show proof of genuine intent.
Keeping evidence such as drafts of marketing materials, early product designs, or communication with suppliers can support your intent if it is ever questioned. Having a lawyer guide you through the process ensures you meet this standard and avoid missteps.
Common Misunderstandings About Intent-to-Use Applications
One of the biggest myths is that an intent-to-use application automatically gives you a trademark forever, even if you never use it. That is not true. The USPTO will eventually cancel the application if you fail to file a Statement of Use or request an extension on time.
Another misunderstanding is that any type of proof will count as “use.” For instance, simply posting a logo on social media or printing it on a flyer is not always enough. The mark must be used in a way that connects it to an actual product or service being sold.
Why Working with a Trademark Attorney Is Crucial
Intent-to-use filings require attention to detail. Choosing the correct trademark class, writing accurate descriptions, and understanding the deadlines are all essential steps. A single mistake can cause unnecessary delays or rejection.
Working with an attorney ensures that your filing is complete, compliant, and strategically aligned with your business goals. At Cohn Legal, PLLC, we help startups and entrepreneurs file correctly the first time and keep their applications on track through the Statement of Use stage. Our team also handles communication with the USPTO if any issues arise during review.
From Idea to Registration: Protecting Your Brand Early
Think of your intent-to-use trademark as a safety net for your business identity. It lets you develop your brand confidently knowing that your name or logo is already protected. Whether you are launching an app, a clothing line, or a new tech platform, this filing locks in your legal rights while you get everything ready for the public.
By the time your business goes live, you will already be one step ahead, with your brand protected under federal law. It is an investment in peace of mind, credibility, and long-term success.
If you are preparing to bring your brand to market and want to protect it before the big day, our team at Cohn Legal, PLLC can help you start the process right now.