Intent to Use
Medium — examination now; use proof comes laterWhat this means
You reserved the mark before launch — now the USPTO timeline and use deadlines matter
You filed a trademark application based on your intent to use the mark in commerce — but you haven't started selling products or services under it yet. This is legal and common: the USPTO lets you reserve a mark before launching. But the clock is now running.
Your application will go through examination, and if approved, you'll receive a Notice of Allowance giving you 6 months to prove actual use. If you don't file a Statement of Use in time, your application is abandoned.
What you should do now
Track examination, plan your launch, and calendar post-allowance filings
- Track your examination timeline on TSDR. Status changes and correspondence land there first — treat it as the source of truth.
- Prepare for potential Office Actions. The examiner may raise issues; responses are deadline-driven.
- Start using the mark in commerce before your Notice of Allowance deadline. You will need acceptable proof tied to the goods and services in your application.
- Set a reminder for your Statement of Use filing window. Missing it after allowance is one of the fastest ways to lose an intent-to-use prosecution.
What happens if you do nothing
Examination can move forward — but allowance without a timely Statement of Use ends the application
The application proceeds through examination on its own, but if you receive a Notice of Allowance and miss the Statement of Use deadline, the application abandons — and you lose your priority date.
FAQ
Quick answers founders look for
What is an intent-to-use trademark application?
It is a federal application filed under Section 1(b) stating you have a bona fide intention to use the mark in commerce, even though you are not yet using it on all claimed goods and services. USPTO allows this so you can reserve a filing date and work toward registration before a full commercial launch — subject to proving actual use later through a Statement of Use (or an acceptable extension strategy where available).
How long do I have to start using my mark after filing?
Filing intent-to-use does not by itself force an immediate use deadline. If examination succeeds, you typically receive a Notice of Allowance; after that, you generally have six months per cycle to file a Statement of Use showing use in commerce (and extensions may be available in many cases subject to USPTO rules and fees). Missing those post-allowance deadlines can abandon the application.
What happens if I never use the mark in commerce?
You cannot obtain a registration on an intent-to-use application without eventually proving use in commerce for the goods and services you seek to register. If you never satisfy use requirements and miss allowable filing deadlines, USPTO can abandon the application — which typically means losing the prosecution path for that serial number and potentially losing the strategic advantage of your earlier filing date.
MarkSnag monitors your trademark daily and alerts you the moment your status changes
Intent-to-use prosecutions are a chain of deadlines. MarkSnag watches USPTO movement for you and translates it into plain English — allowances, office actions, and publication events included.
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