Written by Igor Demcak
Founder & Trademark Attorney
The short answer is yes; although the base price for the applications is the same, when we factor all additional fees into it, an "Intent to Use" (1a) application will cost you more than a "Use in Commerce" (1b) application.
If you apply on an intent-to-use basis (i.e. when your brand hasn't launched in the US market yet, but you have a genuine intent to do so within a reasonable timeframe), you'll be asked to submit the Statement of Use and your specimen approximately 12 months after the filing date. This submission is priced at $100 per class. The Statement of Use states that you've started using the trademark in commerce with your goods or services.
If you can't provide specimens at the time of the USPTO's request, you can ask for an extension, which will cost you an additional fee of $125 per class.
Does the use of a trademark have to be claimed before registration is granted or issued?
I want to register an AU trademark in one class; how much would that cost?
What is the price for 2 or more trademark classes in Australia?
How can I overcome a Section 2(e)(3) refusal of my trademark application?
How long after receiving the Notice of Allowance do I have to provide specimens?
How does the USPTO act in case of a likelihood of confusion?
Should I file my trademark on an intent-to-use basis or wait until I start selling?
Our team of experienced trademark attorneys is here to help you! Simply send us an email outlining your request and we'll be happy to assist you.
