What Counts as Use in Commerce?
The USPTO requires the bona fide sale or transport of goods and the rendering of services in direct commerce. Pre-launch hype pages, investor decks, or beta tests without paying customers do not qualify.
If you can show invoices, shipping records, or live service engagements, a Section 1(a) filing may be your fastest route.
When Intent-to-Use Is the Better Play
Intent-to-use filings reserve your priority date while you finish prototypes, regulatory approvals, or marketing assets.
You gain up to three years (with extensions) after the Notice of Allowance to submit proof of use.
- Ideal for consumer packaged goods still finalizing labels or compliance.
- Recommended for SaaS platforms polishing onboarding or pricing before launch.
- Vital for international expansion where you need a U.S. priority claim.
Evidence You Need for Each Route
Use-in-commerce filings demand specimens and dates of first use in commerce and anywhere. Intent-to-use filings skip specimens until the Statement of Use stage.
Plan your documentation roadmap early so you can meet the Statement of Use deadline without scrambling.
How We Help You Decide
Our intake interview maps your launch timeline, revenue plans, and commerce milestones. We recommend the basis that preserves your rights while minimizing rush fees.
When you choose intent-to-use, we manage extension deadlines and prepare airtight Statement of Use filings.