What is Intent to Use?
A filing basis indicating the applicant has a bona fide intention to use the mark in commerce but has not yet done so.
Intent to use (ITU) is a filing basis available in certain trademark systems — most notably the United States Patent and Trademark Office (USPTO) — that allows an applicant to file a trademark application before they have actually used the mark in commerce. Under Section 1(b) of the Lanham Act, the applicant declares a bona fide intention to use the mark on or in connection with the specified goods or services in the near future. This mechanism allows brand owners to secure an early filing date and priority while still in the product development or pre-launch phase.
When an ITU application is approved by the examiner and survives the opposition period, the USPTO does not immediately issue a registration. Instead, it issues a Notice of Allowance. The applicant then has six months to file a Statement of Use (SOU) demonstrating actual use of the mark in commerce, along with supporting specimens. Extensions of time to file the SOU can be requested in six-month increments, up to a total of 36 months from the Notice of Allowance date.
The ITU mechanism exists because U.S. trademark law is fundamentally based on use. Unlike most countries that operate on a first-to-file system, the U.S. requires actual commercial use as a prerequisite for registration. The ITU basis bridges the gap between the need for early priority and the use requirement, allowing applicants to reserve a position in the queue while they prepare for commercial launch.
Why It Matters
The intent-to-use filing basis is a strategic tool for businesses planning product launches, brand expansions, or market entries. By filing an ITU application, a company can effectively "reserve" a trademark months or even years before going to market, preventing competitors from claiming the same or a confusingly similar mark in the interim. The filing date of the ITU application becomes the constructive use date upon registration, which can be decisive in priority disputes.
Without the ITU option, companies in use-based jurisdictions would be forced to choose between launching prematurely to establish use or risking that a competitor files first. The ITU basis eliminates this dilemma and is especially valuable for startups and companies in industries with long product development cycles.
How Signa Helps
Signa's search and clearance API is particularly valuable for ITU applicants because the stakes of a pre-launch filing are high. If an ITU application is refused due to a conflict with an existing mark, the applicant has invested time and fees without any commercial use to fall back on. Signa enables thorough pre-filing searches across all 200+ offices, identifying potential barriers before an ITU application is submitted.
Signa's data access tools also allow users to identify ITU-based applications filed by competitors, providing early warning when a rival is planning to enter a market or launch a product under a particular brand name. Monitoring these filings gives businesses a strategic advantage in anticipating competitive moves.
Real-World Example
A fashion brand is developing a new athleisure line set to launch in eight months under the name "VeloFlex." The brand's attorney files an ITU application with the USPTO in Class 25 (clothing) and Class 18 (bags and accessories). After clearing the mark through Signa's search API and confirming no conflicting registrations, the application is filed and receives a filing date of April 1. Five months later, the USPTO issues a Notice of Allowance. The brand launches on schedule, files a Statement of Use with photos of the products bearing the VeloFlex mark, and obtains a federal registration with a constructive use date reaching back to April 1 — months before any competitor could claim rights to the name.