Use-in-Commerce vs. Intent-to-Use: Which Trademark Basis is Right for Your Application?
Published on: 27/08/2025
When you’re ready to protect your brand through a trademark, the U.S. Patent and Trademark Office (USPTO) gives you two options when filling out your trademark application: use-in-commerce or intent-to-use bases. Each serves a different purpose, depending on whether your trademark is already being used in the marketplace or if you’re planning to use it in the near future. Understanding the differences can help you decide which route is best for your business.
Intellectual Property