This is an overview, not legal advice. An attorney can confirm what fits your situation.
Step by step
- Check the name. Make sure nobody already has something close. The free check can record “Live-channel evidence missing” or “Items need review.” Neither decides whether this filing basis fits; ask a licensed attorney.
- File on a 1(b) basis. The USPTO lets you apply with a good-faith intention to use the name in commerce. You select “Section 1(b)” as the filing basis.
- Keep proof of real plans. The USPTO suggests documenting your efforts: development, market research, and similar steps, with dates that match your filing. Log yours with the first-use logger.
- Launch for real. Use in commerce means actually offering the service under the name — not token use just to reserve it.
- Prove use before it registers. You file an Amendment to Allege Use, or a Statement of Use within six months of the Notice of Allowance (extensions are available for a fee). Then it can register.
Heads up. Intent to use isn’t a free hold. Proving use later means extra filings and extra USPTO fees, and the application can still be refused.
Why creators use it
The USPTO notes the main advantage: you can get an earlier filing date than a possible competitor, which can matter if a conflict comes up later. For a character still in development, that’s the point.
Next step
The free name check reads live USPTO records and can tell you not to file. CharacterGuard’s Lock kit ($249 once) gets your name, mark and channel record ready for an attorney. It isn’t a filing, and we don’t file. USPTO and attorney fees are separate. CharacterGuard isn’t a law firm.
Sources
- USPTO, Trademark applications – intent-to-use (ITU) basis
- USPTO, The trademark process
- U.S. Copyright Office, Copyright and artificial intelligence
Questions
- What is an intent-to-use trademark application?
- An application filed under Section 1(b), based on a good-faith intention to use the mark in commerce later. You must show actual use before it can register.
- How long do I have to start using the name?
- You can claim use before publication, or within six months after the Notice of Allowance, with extensions available for a fee. The USPTO page has the full timeline.
- Can I file intent to use for an AI character’s face?
- A trademark covers a name or logo used as a brand. A purely AI-generated image generally isn’t protected by copyright, per the U.S. Copyright Office.
- Do you file for me?
- No. CharacterGuard isn’t a law firm and doesn’t file. The free check reads public records, and the Lock kit ($249) gets your name, mark and channel record ready for an attorney. USPTO fees are separate.