Intent-to-Use vs Use-in-Commerce Trademark Applications

What is an intent-to-use trademark application?

An intent-to-use application, filed under Section 1(b) of the Trademark Act, is for a brand name or logo you have a genuine, good-faith intention to use but are not yet selling under. It lets you claim a priority date with the USPTO before your product launches, which matters because U.S. trademark rights are largely first-to-file. After the USPTO approves the mark, you must actually use it in commerce and file a Statement of Use (with the required specimen and fee) before the registration issues. Intent-to-use is the right basis for founders who want to secure a name during product development, fundraising, or a pre-launch period.

What is a use-in-commerce trademark application?

A use-in-commerce application, filed under Section 1(a), is for a mark you are already using to sell goods or services across state lines or in interstate commerce. Because you are already using the mark, you submit a specimen showing that use at the time of filing — such as a product label, packaging, or a live web page offering the service. This basis can move to registration faster than intent-to-use because there is no separate Statement of Use step later. Use-in-commerce is the right choice when your product or service is already on the market under the brand you want to protect.

Which filing basis should you choose and how do you file?

Choose use-in-commerce if you are already selling under your mark, and intent-to-use if you plan to but haven't launched. The mechanics of filing are otherwise similar: run a clearance search, identify the correct class or classes for your goods and services, prepare the application, and file with the USPTO. Each class costs $350 in government fees regardless of basis. With Secure Mark USA, filing starts from $99 plus that $350-per-class USPTO fee. Trademark registration through the USPTO is a core piece of protecting your intellectual property, and picking the correct basis keeps your application on the fastest valid path to brand protection.

Key takeaways

• Use-in-commerce (Section 1(a)) is for marks already used to sell goods or services.
• Intent-to-use (Section 1(b)) is for marks you plan to use but haven't launched yet.
• Intent-to-use secures an early priority date, then requires a later Statement of Use.
• Both bases are filed in at least one class and cost from $99 plus the $350-per-class USPTO fee.
• U.S. trademark rights are largely first-to-file, so filing early protects your position.

Frequently asked questions