What Is an "Intent to Use" Trademark? A Simple Guide for New Businesses

When starting a new business or launching a product, you want to protect your brand name early. But what if you haven’t started selling your product or service yet? This is where an “Intent to Use” (ITU) trademark application comes in. In plain English, an ITU application lets you reserve your trademark before you’re actually using it in the marketplace.

What Does "Intent to Use" Mean in Trademark Law?

In U.S. trademark law, “Intent to Use” refers to a basis for filing a trademark application when you have a genuine plan to use the mark in commerce, but haven’t started using it yet.

In other words, you plan to use the name/logo for your business in the near future, and you want to secure rights to it now.

According to the U.S. Patent and Trademark Office (USPTO), if you haven't used your mark in commerce yet but have a good-faith intention to do so, you can file your trademark application on an intent-to-use basis. This allows you to get the application process started early and lock in a priority filing date even before your business is fully operational.

Having an earlier filing date can give your trademark priority over others who might file later for a similar name or logo. Essentially, an ITU application “holds your place” for the trademark while you finish preparing to launch your product or service.

Key point: Filing under intent-to-use does not mean your trademark is automatically protected forever without use. It temporarily reserves your rights, but you’ll eventually have to prove you’ve started using the mark to complete the registration. We’ll cover that process below.

Why File an Intent-to-Use Trademark Application?

Filing an intent-to-use application is useful in several common scenarios, especially for entrepreneurs and new businesses:

• Starting a New Business: If you’re planning to open a new business (like a restaurant, store, or online service) and have a great name in mind, an ITU application lets you reserve that name early. This ensures no one else registers a similar trademark while you’re still setting up. For example, if you’re in Nashville planning a coffee shop called "Music City Brews" but haven’t opened doors yet, you can file an ITU to claim the name before you start serving customers.

  
  

• Launching a New Product or Service: Maybe you have a product in development or a mobile app that’s not released yet. Filing an intent-to-use trademark protects the brand name or logo before your launch. This way, when you’re ready to go live, your name is already on track to be registered. It’s like “calling dibs” on your brand name in advance.

  
  

Filing Requirements for an Intent-to-Use Application

Filing an intent-to-use trademark application is very similar to a regular (use-based) trademark filing, with a couple of key differences:

• Bona Fide Intent: You must declare that you have a bona fide (good faith) intention to use the mark in commerce. In practical terms, this means you genuinely plan to start selling a product or service under the trademark in the foreseeable future – not just “someday,” and not just reserving it with no plan.

  
  

• Section 1(b) Basis: On the USPTO application form, you’ll need to indicate the filing basis as “Section 1(b)”, which is the legal designation for intent-to-use. This tells the USPTO that you’re filing based on future use. Unlike a use-based application (Section 1(a)), you won’t need to submit a specimen (example of the mark in use) or a first-use date at the initial filing – those will come later once you actually start using the mark.

  
  

• Application Process: After you submit the application (and the standard filing fee), the process with the USPTO is essentially the same as any trademark: an examiner reviews it, checks for conflicts or issues, and if all is okay, the mark gets published for opposition (a period for others to object). Assuming no oppositions, the USPTO will issue a Notice of Allowance for your intent-to-use application. Important: at this stage the mark is allowed but not yet registered – the actual registration is on hold until you prove use in commerce.

  
  

• Additional Fees Later: Be aware that an ITU application involves additional fees down the line. The initial filing fee covers the application itself, but because you didn’t show use upfront, you’ll pay a fee when you later file your proof of use (called the Statement of Use, described next). If you need extensions of time, those require fees too. It’s a bit more expensive overall than filing a trademark for a name you’re already using, but it buys you flexibility in timing.

  
  

Examples of When an Intent-to-Use Trademark Applies

To make this concept even clearer, here are a few everyday examples where an intent-to-use trademark filing is helpful:

• New Business, Not Open Yet: Alice is planning a boutique in Nashville called “Tennessee Threads.” She’s leased a space and ordered inventory but hasn’t opened the store. By filing an intent-to-use trademark application for “Tennessee Threads,” Alice secures the name while finishing her preparations. A few months later, when the boutique opens and starts sales, she submits her Statement of Use with photos of her store signage and products to finalize her trademark registration.

  
  

• Product in Development: Imagine a tech startup developing a new app called “TourGuru,” which helps tourists plan trips. The app is still 6-12 months from launch. The startup files an ITU trademark for “TourGuru” early in the development. This way, no competitor can swoop in and trademark the name during development. Once the app is released and available for download (actual use), they provide the USPTO a screenshot of the live app and app store listing as proof of use.

  
  

• Brand Expansion: XYZ Brewing Co., an established brewery, plans a new line of craft sodas under the brand name “FizzCraft,” but they won’t release the sodas until next summer. They file an intent-to-use trademark for “FizzCraft” now. This not only reserves the brand name but also lets them find out if there are any trademark issues with “FizzCraft” before investing in marketing. After brewing and distributing the sodas next year, they file the Statement of Use with images of the soda bottles bearing the “FizzCraft” label.

  
  

Secure Your Brand Name Early – We’re Here to Help

At The Law Office of Will McSeveney, based in Nashville, Tennessee, we have experience in helping entrepreneurs and businesses navigate trademark filings, including intent-to-use applications. We’ll guide you through the process in plain English and ensure all the requirements are met and provide you our opinion on the ability to register. Our goal is to make trademark law easy to understand and help you protect your brand with confidence.

We’re here to answer your questions, help you file your trademark, and turn your “intent to use” into a registered trademark when the time comes. Let’s protect your business name so you can focus on making your new venture in Nashville (or anywhere) a success!

Call us today at (615) 852 - 7221 or Schedule a Free Consultation Today

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and The Law Office of Will McSeveney. Trademark law can be complex and fact-specific, and you should consult a qualified attorney for advice regarding your particular situation.