USPTO Intent-to-Use filing: Secure name before launch. 6-month deadline to provide proof of use (extendable to 3 years). Cost: $350 filing + $125 per extension. Blocks competitors during development.
The Launch Timing Problem
Use-based filing: Need sales/marketing proof before filing. ITU filing: File immediately, prove use later. Competitor can't file same mark during your extension period. First-to-file wins.
Extension Costs
Basic ITU: 6 months to prove use. Extension 1-5: $125 each (6-month periods). Maximum 3 years total. Budget $625 if product delayed. Still cheaper than losing name to competitor.
The Specimen Requirement
Eventually must prove use: Product photos with mark visible, website screenshots, marketing materials. Can't fake usage. Delayed launch = file extensions or abandon.
The Competitive Advantage
Announce brand 12 months pre-launch. Competitors search availability, find pending ITU application, move to different name. Your filing blocks their entry before you've sold anything.
International Variations
US: ITU allowed. EU: Use required before filing (but enforcement lax first 5 years). UK: Use required. Check jurisdiction rules. Global strategy needs staggered filing approach.
The Abandonment Risk
File ITU, never launch product. Application abandoned, fees lost. Competitor files immediately after abandonment. Only file ITU for serious launch plans, not speculative ideas.
Priority Date Advantage
ITU filed January. Use proven December. Priority date = January (filing date). Competitor filing February loses even if they launch before you. First-to-file system rewards speed.
Trademark Lens checks current availability but can't predict future ITU filings - comprehensive attorney search includes pending applications, not just registered marks.