How to Secure your Brand Before Launch: Intent-to-Use (ITU) Trademarks
You have the perfect name, a stunning logo, and a clear vision for your business—but you haven't sold your first product yet. Do you have to wait until you launch to protect your brand?
The short answer is: No.
Through a Section 1(b) Intent-to-Use (ITU) application, you can reserve your trademark with the USPTO before you ever have a sale. This article is a breakdown of how the process works and why it might be the smartest move for securing your mark.
What is an Intent-to-Use Application?
Most trademark registrations require "use in commerce," meaning you are already selling your goods or services across state lines. An ITU application is essentially a placeholder. It tells the USPTO: "I have a bona fide intention to use this mark soon, and I want to lock in my priority date now."
The Process.
1. The Filing & Priority Date
The day we file your ITU application, you establish a priority date. This is critical because it puts the world on notice. If someone else tries to use a similar name after this date, your "placeholder" gives you the legal right to stand first in line.
2. Examination & Publication
About 8–10 months after filing, a USPTO Examining Attorney reviews your application. If it meets all legal requirements, it is "published for opposition" in the Official Gazette. This gives the public 30 days to object if they believe your mark conflicts with theirs.
3. The Notice of Allowance (NOA)
If no one opposes your mark, the USPTO issues a Notice of Allowance. This isn't a registration yet—it’s a green light. It means the USPTO is ready to register your mark as soon as you show them you are actually using it.
4. The Statement of Use (SOU)
You generally have six months from the date of the NOA to:
Start using the mark in commerce (selling your products/services).
Submit a Statement of Use with a "specimen" (evidence like a photo of your packaging or a live website).
Note: You can request up to 5 extensions equaling a total of 3 years from the NOA to prove use.
5. Final Registration
Once the USPTO accepts your Statement of Use, they will issue your official Registration Certificate.
Why Choose ITU Over Waiting?
Prevent "Brand Jumping": It stops others from "scooping" your name while you’re still in the development or manufacturing phase.
Confidence to Invest: You can safely invest in signage, packaging, and marketing with the knowledge the USPTO has already given your mark a preliminary thumbs-up.
Early Peace of Mind: You find out early if there are any legal challenges before you’ve spent thousands on a full-scale launch.
Should You use an ITU?
While ITU applications involve a few more steps and fees than "Use in Commerce" filings, they offer a massive strategic advantage for startups and entrepreneurs. It protects your mark until your ready for the world.
Ready to reserve your spot in the marketplace?
Protecting your intellectual property is the foundation of a strong brand. If you're planning a launch and want to secure your trademark today, let's chat about building a strategy for your business. Book a free consultation today!
Source: https://www.uspto.gov/trademarks/apply/intent-use-itu-applications