FOR IMMEDIATE RELEASE

May 1, 2026

Compare Types of Trademark Applications: Costs, Risks, and Timing Explained

GREENSBORO, N.C. — Businesses planning to protect their brand names should carefully compare the two main types of U.S. trademark applications before filing. The choice between an Intent-to-Use (ITU) application and a Use-Based application can significantly impact both cost and legal protection.

The typical cost to prepare and file a single-class U.S. trademark application ranges from $3,000 to $5,000, depending on the approach. In addition, applicants must pay a USPTO filing fee starting at $350 per class, along with administrative fees.

There are two primary filing options:

Intent-to-Use (ITU):

Designed for businesses that are not yet using the trademark, this option allows applicants to secure an early priority date before launching a product or service. While ITU applications often cost less upfront, they can become more expensive over time. Post-filing costs can range from $3,500 to $6,000 or more, especially if extensions are needed—sometimes for up to three years.

Use-Based Application:

This option is best when the trademark is already in use or will be soon. While the upfront cost is typically higher—due to the need to provide proof of use—these applications often result in lower total costs after filing, assuming no legal complications.

Experts caution that delaying a trademark filing can create serious risks.

"If you wait too long, someone else could file first and gain priority rights," said a trademark attorney. "Even if you've been using the name locally, your rights may be limited to that geographic area."

Unregistered trademarks do provide some legal protection, but only where the mark is actively used. A federally registered trademark offers broader, nationwide protection and can prevent others from using confusingly similar names.

Bottom Line:

• Not ready to use your name? → File an Intent-to-Use application
• Ready to launch or already operating? → File Use-Based
• Delay filing? → Risk losing your brand name

Businesses are encouraged to evaluate their timing, budget, and launch plans carefully before choosing a trademark strategy.

For more information, consult a qualified trademark attorney.