Yes. You can apply to register a name before launching if you have a bona fide intention to use the mark in U.S. commerce. This is a Section 1(b) intent-to-use application. It can secure a federal filing date while the business prepares to launch, but the mark will not register until the applicant later makes qualifying use and files acceptable evidence.
An intent-to-use application is useful when a launch is real but not complete. It is not a tool for reserving every name you might someday use. The intent must exist for the listed goods or services when the application is filed.
What counts as a bona fide intent?
The Trademark Act requires a good-faith intent to use the mark in commerce. In ordinary examination, the applicant’s verified declaration is generally sufficient unless the record raises a concern. In a dispute, however, documents can become important. TMEP Section 1101 explains that a complete absence of objective documentation may support a finding that bona fide intent was lacking.
- A written business or product plan tied to the mark.
- Prototype, packaging, website, or design work.
- Supplier, manufacturer, distributor, or retailer communications.
- Budget approvals, launch calendars, or market research.
- Regulatory or licensing steps needed before launch.
Practical tip: Keep ordinary, dated launch records. Do not manufacture documents solely for a trademark dispute. Genuine records should connect the specific mark with the goods or services listed in the application.
What happens after an intent-to-use filing
- The USPTO examines the application and may issue an Office action.
- If approved, the mark is published for opposition.
- If no opposition blocks the application, the USPTO issues a Notice of Allowance.
- The applicant submits a Statement of Use with a specimen, or requests an extension.
- The USPTO reviews the use filing before registration.
The USPTO’s intent-to-use guide states that a Statement of Use or first extension request is due within six months after the Notice of Allowance. Additional six-month extensions may be available, up to the statutory limit. Each filing must satisfy the current requirements and fee.
Budget for later fees
As of November 2026, the base application fee is $350 per class when the filing meets the base requirements. An intent-to-use applicant later pays $150 per class for an Amendment to Allege Use or Statement of Use. An extension request is $125 per class. Confirm the amounts on the USPTO fee page when filing because fees can change.
- Initial application: Typical filing: Section 1(b) application Budget effect: Base fee for each class
- Use begins before approval: Typical filing: Possible Amendment to Allege Use Budget effect: Use-filing fee for each class
- After Notice of Allowance: Typical filing: Statement of Use Budget effect: Use-filing fee for each class
- Not ready after allowance: Typical filing: Extension request Budget effect: Extension fee for each class, repeated as needed
What the early filing date does and does not do
If the mark later registers on the Principal Register, Trademark Act Section 7(c) generally treats the filing date as constructive use for priority, subject to the statute’s exceptions for certain earlier users and filers. The application does not mean the name is cleared, guarantee registration, or create an immediate right to stop every later user.
Search before investing in the application and launch. Start with How to Check Whether a Business Name Is Trademarked. A federal search is important, but earlier unregistered use may also matter.
Common intent-to-use mistakes
- Listing goods or services that are only speculative possibilities.
- Naming an applicant that does not hold the bona fide intent.
- Assuming a domain purchase or social-media account proves trademark use.
- Missing a Notice of Allowance deadline.
- Submitting a mockup rather than evidence of real use.
- Failing to budget for each class and later use filings.
Your next step
Define the exact goods or services you genuinely plan to offer, save the records supporting that plan, and complete a clearance search. Then use the step-by-step filing guide to confirm the owner, mark format, and application scope. If the launch involves investors, multiple entities, or a crowded field, review whether focused legal help fits the risk.
Read next
- Who Should Own a Trademark: You or Your LLC?
- Should I Form an LLC Before Filing a Trademark?
- How to Check Whether a Business Name Is Trademarked
- Browse all trademark articles
This article provides general information about U.S. trademark law, not legal advice. Reading it does not create an attorney-client relationship.