Intent-to-Use vs Use-in-Commerce Trademark Applications (2026)

What is an intent-to-use trademark application?

An intent-to-use application lets you file before you have sold anything, based on a genuine, good-faith intention to use the mark in commerce. It is the right choice for founders who are still building a product or preparing a launch. When you file an ITU application, the USPTO examines and, if approved, publishes the mark and issues a Notice of Allowance — but registration is not final until you prove actual use by filing a Statement of Use. Because U.S. trademark rights are largely first-to-file, an ITU filing lets you claim your place in line early. Secure Mark USA prepares intent-to-use applications so your trademark registration with the USPTO protects your intellectual property and brand from the moment you file.

What is a use-in-commerce trademark application?

A use-in-commerce application is filed when you are already selling your goods or services under the mark across state lines. You must provide a specimen — real-world proof such as a product label, packaging, or a live sales page — and the date you first used the mark in commerce. Because you are already using the mark, there is no separate Statement of Use step, so a use-in-commerce filing can reach registration slightly faster than an intent-to-use application. This basis suits businesses that have already launched and can document sales.

Which should you file: intent-to-use or use-in-commerce?

Choose intent-to-use if you have not yet sold under the mark, and use-in-commerce if you have. The deciding factor is simple: if you can show real sales and provide a valid specimen today, file use-in-commerce; if you are still in development, file intent-to-use to lock in your filing date. Filing early matters because trademark rights in the U.S. are largely first-to-file. The steps are the same for both: (1) run a clearance search, (2) choose the correct USPTO class, (3) file under the right basis, and (4) respond to any Office Action. Secure Mark USA files either basis for you, from $99 plus the $350-per-class USPTO fee.

Key takeaways

• Intent-to-use (ITU) is for marks you plan to use; use-in-commerce is for marks already in sale.
• An ITU application requires a later Statement of Use to prove actual use.
• Use-in-commerce requires a specimen and a first-use date but skips the Statement of Use step.
• U.S. trademark rights are largely first-to-file, so an early ITU filing secures your priority date.
• Filing through Secure Mark USA starts from $99 plus the $350-per-class USPTO fee.

Frequently asked questions