Filing an Intent to Use Trademark Application: A Smart Step Before You Launch
Written by JLG - November 18, 2025
At Jafari Law Group, we often work with business owners, startups, and creators who are ready to introduce something new: a brand name, a product line, or a service offering. Many are still finalizing the launch, but they want to protect the name before it hits the market. That is where an Intent to Use (ITU) trademark application becomes useful.
An ITU application allows you to claim trademark rights before you start selling products or services under the brand. It helps you secure your place in line at the U.S. Patent and Trademark Office (USPTO) and prevents others from registering a similar mark while you are still preparing your launch.
When an Intent to Use Application Makes Sense
If you have selected a name, logo, or slogan but have not started selling under it yet, filing early through an ITU application helps protect your rights.
For example, a company developing a mobile app may want to secure the app’s brand name while final testing is underway. Filing now ensures no one else registers the name during this phase. Once the app goes live and the mark is used in commerce, the company can complete the registration.
This approach gives you time to finish product development, build out marketing, or finalize distribution, all while your trademark application is pending.
What Is an Intent to Use Application?
An ITU application is based on a “bona fide intent” to use a trademark in the near future. You are not required to show proof of use at the time of filing, but you must state under oath that you plan to use the mark in connection with specific goods or services.
This filing gives you a priority date the moment your application is submitted which can become important if another party tries to register a similar mark later.
You Must Show Genuine Intent
You cannot file an ITU just to reserve a name with no actual plans to use it. The USPTO may require evidence that your intent is legitimate. Examples include:
- Product development materials
- Business plans or investor decks
- Market research or early branding efforts
If another party challenges your rights later, having documentation can help you defend your filing. Without it, the registration could be canceled, especially if it is shown that no real business activity supported the application.
Benefits of Filing on an ITU Basis
- Secure Priority Early: Your filing date becomes your legal priority date, even before you make a single sale.
- Reduce Risk: Filing early helps prevent others from beating you to the USPTO with a similar mark.
- Buy Time: You can move forward with branding and development without rushing to meet use requirements.
- Keep It Confidential: You do not need to publicly disclose use of the brand before you are ready.
What Happens After You File?
Once filed, your application is reviewed by an examining attorney at the USPTO. If no issues are found, it is published for opposition, giving other businesses a short window to object. If no one objects, you will receive a Notice of Allowance (NOA).
The NOA does not mean your trademark is registered yet. You must still prove that you are using the mark in commerce. This happens through a Statement of Use (SOU) filing, which includes a sample of how the mark is used and a sworn declaration.
Timing Matters: Do Not Miss Deadlines
You have six months from the date of the NOA to file your Statement of Use. If you are not ready yet, you can request an extension. The USPTO allows up to five extensions, giving you a maximum of three years from the NOA to begin using the mark and complete registration.
If you begin using the mark before the NOA is issued, you can file an Amendment to Allege Use instead. This can speed up the process if your use in commerce happens earlier than expected.
Why File Early?
Delaying trademark protection can lead to conflict, especially if another business files a similar application. Filing on an ITU basis puts your claim on record while you finish developing your product or brand.
You do not need to wait until everything is perfect. If your plans are moving forward and your brand is close to launch, we can help you file now and protect your position.
Get Help Filing an Intent to Use Trademark Application
If you are preparing to launch a product, business, or rebrand, Jafari Law Group can guide you through the ITU trademark application process. We help clients across the United States protect their trademarks with thoughtful timing and careful strategy.
Contact us for a free consultation to discuss whether an Intent to Use application is the right move for your brand.