In-Use vs. Intent-to-Use Trademark Applications: What’s the Difference and Which One Is Right for You?
When starting a business or launching a new product, protecting your brand is crucial—and that starts with filing a trademark application. One of the most common questions we receive at our trademark law firm is: "Should I file an in-use trademark application or an intent-to-use application?"
Understanding the difference between these two types of trademark filings can help you protect your brand more effectively and avoid costly legal issues down the line.
What Is an In-Use Trademark Application?
An in-use trademark application (also known as a Section 1(a) application) is filed when your trademark is already being used in commerce. This means that your product or service is currently being sold or offered to consumers under the name or logo you want to register.
To qualify, you must provide:
· A specimen showing how the trademark is actually used (such as product packaging, website screenshots, or marketing materials)
· The date of first use in commerce
Key Benefit: Faster registration process since you’ve already met the use requirement.
Best For: Businesses already selling goods or services under the mark.
What Is an Intent-to-Use Trademark Application?
An intent-to-use trademark application (also known as a Section 1(b) application) is filed before you’ve started using the trademark in commerce. This allows you to secure your rights while you finalize branding, develop products, or prepare to launch.
To complete the registration later, you’ll need to file a Statement of Use showing proof that the trademark is being used in commerce. You generally have up to 36 months (with extensions) to do this.
Key Benefit: Allows early filing and priority protection before launching your brand.
Best For: Startups, rebrands, or businesses developing new products not yet on the market.
Which Trademark Application Is Right for You?
Here’s a quick comparison to help you decide:
Feature In-Use Application Intent-to-Use Application
Trademark already in use? Yes No
Requires specimen at filing? Yes No
Faster approval? Typically May take longer
Early filing possible? No Yes
Ideal for... Existing brands New or upcoming launches
Why Choosing the Right Type Matters
Filing the wrong type of application can lead to delays, additional fees, or even loss of trademark rights. For example, if you file an in-use application but can’t provide acceptable proof of use, your application may be rejected.
That’s why working with an experienced trademark attorney can save you time, money, and headaches.
Need Help with Your Trademark Application?
At The Trademark Law Firm, we help businesses of all sizes secure their trademarks quickly and correctly. Whether you’re ready to file an in-use application or want to lock down your brand name with an intent-to-use application, our trademark lawyers can guide you through every step.
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Don’t wait until your brand is at risk. Contact our experienced trademark attorneys today for a free consultation and protect what you’ve worked so hard to build.