Intent-to-Use Trademark Applications: Explained

When You Love a Brand Name but Aren’t Ready to Use It Yet

A lot of entrepreneurs come up with the perfect brand name before they’re fully ready to launch. Maybe your product is still in development. Maybe you’re finalizing packaging or waiting on manufacturers. Or maybe you just need a little more time before introducing your brand to the world.

This is usually when people reach out to experienced intellectual property attorneys and say something like:
 “I don’t want someone else to take the name before I’m ready.”
 “Can I protect the name even if my product isn’t out yet?”

At Horn Wright, LLP, we hear these concerns often. New businesses grow in stages, not overnight. You shouldn’t have to rush your launch just to get ahead of someone else. Fortunately, trademark law has an option that fits this exact situation: the Intent-to-Use application.

What an Intent-to-Use Application Actually Is

An Intent-to-Use (or ITU) trademark application tells the United States Patent and Trademark Office that you plan to use the mark in commerce, even if you’re not using it yet. It’s essentially a placeholder with legal weight, a way of saying, “Hold my spot while I get everything ready.”

What surprises most people is how protective this filing really is. The moment you file an ITU, the law treats your priority date as if you were already using the mark. That means someone who starts using a similar name after your filing date is behind you in line, even if they begin selling before you do.

In the trademark world, getting your priority date locked in early can make all the difference.

Why Business Owners Use Intent-to-Use Applications

People file ITUs for all kinds of reasons, many of them rooted in the realities of growing a business step by step. The most common reasons include:

• Needing time to produce inventory or finalize a prototype
• Wanting to test branding or logos before launching
• Preparing packaging or labels
• Securing domain names and marketing materials
• Delaying launch until funding or manufacturing is in place

The ITU application gives business owners room to breathe. It lets you build your brand at a natural pace without the fear of losing the name you love.

The Step People Find Confusing: Proving Use Later

An Intent-to-Use application doesn’t give you a registration right away. Instead, it gives you time, up to three years, to prove that you’re using the trademark in commerce.

This happens through something called a Statement of Use. People get nervous about this step because they’re unsure what “use” really means. But in everyday terms, it simply means showing the trademark on:

• Your product or packaging
• Your website where customers can buy the item
• Your labels, tags, or displays associated with sales

So long as your trademark is being used in a genuine way to sell your goods or services, you’re on solid ground.

The key is to avoid rushing into sloppy or premature use just to get the Statement of Use filed. An attorney can help ensure your proof meets the legal requirements rather than triggering unnecessary refusals.

Why the ITU Process Is More Emotional Than People Expect

For many founders, choosing a brand feels personal. It represents their identity, their values, their creativity, the version of their business they hope the world will eventually see. When you file an Intent-to-Use application, you’re putting that vision into an official process for the first time.

People often describe feeling:

• Excited, because the brand finally has a legal starting point
• Nervous, because they’re committing to something important
• Protective, because they’re afraid someone else will copy their idea
• Unsure, because they don’t know what happens next

Trademark law can feel cold and technical, but the branding process rarely is. It’s emotional, and that’s why ITU applications help: they let you reserve your name without being forced to rush the creative or business steps that come next.

The Biggest Mistakes Applicants Make (And How to Avoid Them)

Most ITU problems happen because people either misunderstand the rules or assume the platform will “figure it out.” Unfortunately, trademark filings don’t give the benefit of the doubt.

Some of the most common mistakes include:

• Filing too broadly, which leads to refusals
• Filing too narrowly, which limits future protection
• Submitting mock-ups instead of real proof of use
• Using the mark incorrectly on packaging or websites
• Waiting too long and missing deadlines

These aren’t creativity problems, they’re procedural ones. And unlike branding decisions, procedural errors can cost you your priority date or force you to start over.

That’s why professional guidance matters. The ITU system is powerful, but only if you handle the follow-through correctly.

Why Filing Early Strengthens Your Brand Long Before Launch

One of the biggest advantages of Intent-to-Use applications is leverage. Once you establish your priority date, you can:

• Block later applicants with confusingly similar names
• Stop competitors from adopting your branding
• Build your product confidently knowing your name is reserved
• Secure domain names and social media handles with legal backing

This early legal protection gives your brand room to grow without fear of being “scooped.” It also makes investors, partners, and retailers feel more comfortable because your branding isn’t floating unprotected in the market.

Priority is everything. Filing early gives you that anchor.

Moving Forward With a Trademark Strategy That Matches Your Timeline

An Intent-to-Use application is a powerful tool for entrepreneurs who want to protect their brand while still building it. You shouldn’t have to choose between launching too early and losing the trademark you envision for your business.

At Horn Wright, LLP, our experienced intellectual property attorneys help founders navigate the ITU process with confidence, from choosing the right filing strategy to preparing the Statement of Use when the time is right. 

If you're ready to protect a name before you’re fully ready to launch, reach out when you’re ready. We’ll help you secure your place in line while you focus on bringing your brand to life.