It’s the classic startup dilemma:

• You don’t want to launch your brand until you know the name is safe (Registered).
• But you can’t get Registered until you launch the brand (Use).

So, what do you do? Do you cross your fingers and wait?

No. You use the “Intent to Use” strategy.

The US Trademark system allows you to file an application before you have sold a single product. It’s essentially a paid reservation system. It lets you “save your spot in line” while you finish building your business.

The Two Filing Basis Types

When we file your application, we have to tell the government one of two things:

1. Actual Use (Section 1a)

• The Status: “I am selling this product right now.”
• The Requirement: You must provide a Specimen (proof of sales) immediately with the application.
• The Pro: It’s cheaper (one set of filing fees) and faster.

2. Intent to Use (Section 1b)

• The Status: “I have a bona fide plan to sell this product soon.”
• The Requirement: You don’t need a specimen yet. You just need a plan.
• The Pro: You get a “Priority Date” locked in immediately. If someone else tries to file the same name next week, you win—even though you haven’t sold anything yet.
• The Con: It involves a second step later. Once the USPTO approves your mark, you have 6 months to prove you launched (and pay a fee to file the “Statement of Use”).

Plain English Explanation

You can file a trademark as “Actual Use” if you are already selling products, or as “Intent to Use” if you are still preparing to launch. Actual Use is faster and cheaper because you provide proof immediately, while Intent to Use acts as a reservation that protects your name now but requires you to provide proof and pay an extra fee once you actually start selling.

The TL; DR Summary

Section 1a (Actual Use) requires current sales and a physical specimen at the time of filing. Section 1b (Intent to Use) reserves a brand name before it is launched in the marketplace. Intent to Use filings establish a priority date that prevents others from jumping ahead in line. Intent to Use requires a second filing and an additional fee.

Key Takeaways

• Don’t Wait: You can (and should) file before you launch.
• “Use” = Sales: Printing business cards doesn’t count. You need to be moving money/goods.
• The Cost of Safety: Intent to Use requires a second filing later (Statement of Use), but it protects you from losing the name during development and locks in the priority date.