Filing a Trademark on an Intent-to-Use Basis
In a Nutshell
If you haven’t launched yet but want to lock down your brand name, slogan, or logo, you can file a trademark application on an intent-to-use (ITU) basis. This lets you secure priority rights before your first public use — giving you a head start against anyone who might try to use a similar mark later.
It works much like a standard trademark application, except you don’t have to prove use at the time of filing. The only trade-off is some additional government fees due later when you finalize the registration and prove use.
Why File Intent-to-Use?
1. Establish Priority
Your priority date is locked in as of your filing date. If someone tries to use a similar trademark for similar goods or services after you file, you may be able to stop them.
2. Buy Yourself Time
You’ll have up to about 4 years after filing to show proof of use:
The USPTO generally takes about a year to examine and approve your application.
Once approved, you’ll receive a Notice of Allowance and a 3-year window to prove use.
3. Finalize the Application
After the Notice of Allowance, you have 6 months to either prove use or file an extension.
You can file up to five extensions during the 3-year window, as needed.
Costs to Expect
Extra USPTO fee: $150 per class (paid when you submit your proof of use). We do not charge any additional legal fees to file the proof of use.
Extensions: $125 per extension in government fees, plus our $100 legal fee per filing.
What Counts as Proof of Use?
To finalize an ITU application, you must show that:
You’re publicly using the trademark exactly as filed.
It’s used in a trademark capacity — as a clear brand name, slogan, or product name (not just decorative use or passing mentions).
It’s used with the specific goods/services listed in your application.
Those goods/services are actively available for sale to the public.
Once you meet these criteria, we can file your proof of use with the USPTO and move your application to registration.