Livonia Trademark Lawyer Explains: Intent-to-Use vs. In-Use Trademark Applications
When registering a trademark with the U.S. Patent and Trademark Office (USPTO), you must choose between two types of applications:
- In-Use Trademark Application – For trademarks already in interstate commerce (actively sold or used across state lines).
- Intent-to-Use Trademark Application – For trademarks not yet in use but planned for future commercial use.
The USPTO does not finalize an intent-to-use trademark registration until the applicant files a Statement of Use, proving that the trademark is being actively used in commerce.
Why Does the USPTO Require Actual Use?
A trademark registration does not give businesses ownership of a name or logo just for the sake of exclusivity. Instead, it protects consumers by guaranteeing the source and quality of goods or services.
For a trademark to serve this purpose, it must be in use—not just reserved for future business plans.
Why File an Intent-to-Use Trademark Application?
If the USPTO only registers trademarks in actual use, why file an intent-to-use trademark application?
Because filing early gives you a priority date—potentially beating out competitors who file later.
The United States follows a “first to use” system, meaning the first business to use a trademark generally has superior rights. However, if two businesses apply for the same or similar mark, the applicant with the earlier filing date gains priority—even if their product or service hasn’t launched yet.
An intent-to-use trademark filing can provide a strategic advantage in potential disputes.
When Must You File a Statement of Use?
Once the USPTO approves your intent-to-use trademark application, you must submit a Statement of Use (SOU) to prove the mark is being used in commerce.
Important SOU Deadlines:
- The initial deadline to file the Statement of Use is 6 months after receiving the Notice of Allowance from the USPTO.
- If you need more time, you can request an extension, but you must file for an extension before the 6-month deadline expires.
- The USPTO allows up to five 6-month extensions, giving you a maximum of 36 months (3 years) from the Notice of Allowance to begin using your trademark in commerce.
- If you fail to submit a Statement of Use or extension request within the allowed timeframe, the trademark application will be abandoned, and you will have to start the process over.
When to Consult a Livonia Trademark Lawyer
If you’re unsure when you’ll launch your product or service, or if you need guidance on filing strategies and timing, consult a Livonia trademark lawyer before submitting your application.
Noble Path Trademark Law: Trademark Protection Made Easy
At Noble Path Legal PLLC, we help businesses:
- Register trademarks efficiently and correctly.
- Renew trademark registrations to maintain protection.
- Respond to Office Actions if the USPTO raises concerns.
We serve craft brewers, vintners, distillers, e-commerce businesses, and more. Our virtual consultations make trademark registration easy and accessible.
🔹 Ready to secure your brand? Click the “Register Your Trademark” button below to get started!