What Is an Intent-to-Use Trademark Application?
- Craig Morgan, Esq.
- 6 days ago
- 3 min read
If you have a great brand name but haven’t started selling yet, you don’t have to wait until you’re fully operational to protect it. That’s where an Intent-to-Use (ITU) trademark application comes in.
An ITU application (filed under Section 1(b) of the Lanham Act) lets you apply to register a trademark with the U.S. Patent and Trademark Office before you have actually used the mark in commerce — as long as you have a genuine, good-faith intention to use it in the near future.
How It Works
You file the application and select “intent to use” as your filing basis.
The USPTO examines the application just like any other trademark filing.
If it clears examination and the opposition period, the USPTO issues a Notice of Allowance.
You then have six months to either:
File a Statement of Use showing the mark is now in commerce, or
Request a six-month extension (you can request up to five extensions, giving you a maximum of three years from the Notice of Allowance).
Once the Statement of Use is accepted, the mark registers.
The big advantage? Your filing date becomes your priority date. Once the mark registers, that date is treated as your constructive first-use date nationwide — even if you didn’t start selling until later.
Real-World Examples the Public Might Recognize
Successful (or progressing) ITU filings:
Amazon’s “Prime Air” — Amazon filed for the “Prime Air” name years before large-scale commercial drone delivery became reality. The filings protected the brand while the technology and regulatory path were still being developed.
Blue Ivy Carter — Shortly after Beyoncé and Jay-Z’s daughter was born in 2012, their company filed a broad ITU application covering a wide range of goods and services. The application faced opposition (including claims that they lacked a real intent to use the mark), but the Trademark Trial and Appeal Board sided with them.
Filings that stalled or never fully converted:
Intellivision Amico — The long-delayed video game console’s trademark applications reached the Notice of Allowance stage, but the project kept missing deadlines for the Statement of Use. The applications were eventually abandoned when the product still hadn’t launched commercially.
Certain celebrity phrase and lyric filings (including several of Taylor Swift’s early applications for “This Sick Beat” from “Shake It Off”) were filed on an intent-to-use basis. Many of the broader applications were later abandoned when commercial use across all the claimed goods never fully materialized within the allowed window.
These examples show both the power and the risk of the ITU route: it can lock in valuable priority early, but the clock starts ticking once the Notice of Allowance issues.
Bottom Line
An Intent-to-Use application is a powerful tool for entrepreneurs and businesses that have chosen a strong brand name but still need time to finish product development, secure suppliers, or build out operations. It buys you priority while you get ready — provided you ultimately put the mark into real commercial use and file the required Statement of Use on time.
Ready to Protect Your Brand?
An Intent-to-Use application can be a smart early move — but only if it’s filed correctly and the deadlines are managed carefully. Missing the Statement of Use window or choosing the wrong classes can cost you the priority you worked to secure.
If you’re launching a new product, service, or business and want to lock in trademark protection before you go to market, contact Craig Morgan Law, PLLC. We help entrepreneurs and growing companies navigate federal trademark filings, including Intent-to-Use applications, with clear strategy and practical guidance.
Craig Morgan Law, PLLC
Business • Contracts • Franchising • Commercial Disputes
Headquartered in Charlotte, NC | Licensed in North Carolina | Nationwide Franchise Law
CML@craigmorganlaw.com | (704) 325-9075 | www.craigmorganlaw.com
