You can file for a trademark before you've sold a single thing.
No — the USPTO lets you file an intent-to-use application to reserve a name or logo before you've launched. You'll need to prove actual use later, but you don't have to wait to claim your filing date.
Waiting until launch day to file is one of the most common ways founders lose a name to a competitor who filed first. Here's how the intent-to-use process works, and how Twin Cities Trademarks handles it from filing through registration.
Call or text (651) 222-3776 for a free consultation before you launch.
Two ways to file, depending on where you're at
The USPTO doesn't require you to already be selling under your mark. It just requires you to say which situation you're in.
Use in Commerce (1(a))
- You're already selling the product or offering the service under the mark
- Filed with a specimen proving current use — packaging, a website order page, a hang tag
- One filing fee, no extra steps once approved
- Registration can issue directly once examination is complete
Intent to Use (1(b))
- You have a genuine, good-faith plan to use the mark but haven't launched
- No specimen required at filing — you claim your place in line now
- After approval, you file a Statement of Use once you actually launch
- Extensions available for up to three years if launch takes longer
What filing intent-to-use actually looks like
Filing early doesn't mean the process stalls — it just adds one extra step after approval, once you've launched.
File the intent-to-use application
Your filing date is locked in, even though the product isn't on the market yet.
USPTO examination
An examining attorney reviews the application for conflicts and compliance, the same as any other filing.
Notice of Allowance issues
The USPTO confirms your mark can proceed to registration once you show actual use.
File a Statement of Use — or an extension
Launched already? File proof of use. Not yet? File for a six-month extension, up to three years total.
Registration issues
Once the USPTO accepts your Statement of Use, your mark registers — dated back to your original priority filing.
Why Minnesota founders file early through Twin Cities Trademarks
Twin Cities Trademarks tracks every Statement of Use and extension deadline for you, so an intent-to-use filing never quietly expires while you're busy building the business.
Coon Rapids Office
1660 121st Ave NW, Suite 1
Coon Rapids, MN 55448
St. Paul Office
381 Kellogg Blvd. East
St. Paul, MN 55101
USPTO Customer Number
044341 — on file with the USPTO for direct, verifiable correspondence on every application.
- We tell you which basis to file under. Use-in-commerce or intent-to-use, decided based on where your business actually is, not guesswork.
- We track your deadlines. Statement of Use and extension deadlines are calendared and followed up on, so a name you reserved doesn't lapse.
- We review your specimen before you file it. One bad specimen submission can trigger a rejection you didn't need.
- Serving the Twin Cities metro, greater Minnesota, western Wisconsin, and clients nationwide — trademark filing is federal, so your location was never the limiting factor.
What's included when Twin Cities Trademarks handles your filing
Clearance search before you file
We check federal, state, and common-law marks first, so an early filing isn't built on a name someone else already holds.
Filing basis strategy
A clear recommendation on intent-to-use versus use-in-commerce based on your actual launch timeline.
Deadline tracking
Statement of Use and extension deadlines calendared and monitored, so nothing lapses while you build.
Specimen review at launch
When you're ready to file your Statement of Use, we confirm your specimen will hold up before it's submitted.
Flat-fee, upfront pricing
You'll know the full cost of filing, and of the later Statement of Use, before you commit to either.
A direct line to your attorney
Calls and emails go to the person actually managing your application — not a rotating intake team.
Filing early doesn't mean paying more upfront.
Every filing — intent-to-use or use-in-commerce — is quoted as a flat fee, so you know the full cost before you file.
Common questions about filing before you're using a mark
Do I need to use a trademark before I can file a trademark application?
No. The USPTO allows you to file before you've started using a mark by filing under an intent-to-use basis. This reserves your place in line for the mark while you finish building your product, packaging, or website. You'll still need to prove actual use before the registration is finalized, but you don't have to wait to file.
What is an intent-to-use trademark application?
An intent-to-use, or ITU, application is filed under Section 1(b) of the Lanham Act. It lets you claim a filing date and priority for a mark you have a genuine, good-faith intention to use in commerce, even though you haven't used it yet. Once you do start using it, you file a Statement of Use to move the application toward registration.
What happens after I file an intent-to-use application?
If the USPTO approves the application, it issues a Notice of Allowance. From that date, you have six months to either file a Statement of Use showing the mark is now in commerce, or file a request for an extension. Extensions can be filed for up to three years total from the Notice of Allowance.
Why would I file before I'm using the mark?
Filing early locks in your priority filing date. Trademark rights generally go to whoever files first, so an intent-to-use application protects your name or logo while you're still developing the product, raising funding, or preparing a launch, instead of risking someone else filing on a similar mark first.
Is it more expensive to file intent-to-use than use-in-commerce?
Yes, slightly. An intent-to-use application requires an additional USPTO fee when you later file the Statement of Use, and possibly extension fees if you need more time before you begin using the mark. A use-in-commerce application, filed once you're already selling under the mark, skips that extra step.
What counts as a good-faith intent to use a trademark?
A good-faith intent generally means concrete steps toward using the mark, such as product development, business planning, or securing a domain name, rather than simply reserving a name with no real plan to use it. The USPTO does not require proof of intent at filing, but the application can be challenged later if no genuine intent existed.
Secure your name before someone else does.
A free consultation gets you a straight answer on whether to file now or wait — and a flat-fee quote either way.
Talk to an attorney today
Call or text and we'll walk through your timeline and which filing basis fits it.
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