The intent-to-use (ITU) application is a type of trademark application that enables individuals or companies to register a trademark with the USPTO before using it in commerce. To file an ITU, the applicant must provide a sworn statement demonstrating their intention to use the trademark in the future. This process allows the applicant to secure trademark rights and have priority over others in case of a legal dispute. The ITU application process typically takes around a year, and additional details can be found in the TMEP §1101.
An Intent-to-Use (ITU) application is a type of trademark application that allows individuals to register a trademark with the United States Patent and Trademark Office (USPTO) before actually using it in commerce. This means that the applicant has not yet begun using the trademark but intends to do so in the future. To file an ITU application, the applicant must demonstrate a sincere intention to use the trademark by submitting a sworn statement. If found to be dishonest, the applicant may face criminal penalties. The purpose of filing an ITU application is to secure trademark rights and protect against potential competitors. By obtaining an earlier filing date, the applicant can establish priority over others in case of legal conflicts at the USPTO or in the marketplace. The ITU application process typically takes around one year. For more information on how to express good faith intent in the application, please refer to the Trademark Manual of Examining Procedure (TMEP) §1101. For instance, John plans to launch a new business selling t-shirts with a unique logo. Although he hasn’t started selling the t-shirts yet, he files an ITU application with the USPTO to register the logo as a trademark. This way, he can secure the trademark rights and prevent others from using the same logo for similar products.
An Intent-To-Use (ITU) application is a type of trademark application filed with the United States Patent and Trademark Office (USPTO) to secure priority rights to a trademark before it is actually used in commerce.
Unlike a regular trademark application, an ITU application is filed when the applicant has a bona fide intention to use the trademark in commerce but has not yet done so. It allows the applicant to reserve the trademark while they prepare to launch their product or service.
An ITU application lasts for a period of six months from the date it is filed. However, the applicant can request extensions of up to 30 months in total, by filing a Statement of Use or a Request for Extension of Time to File a Statement of Use.
If you fail to use the trademark within the specified time frame, your ITU application will be considered abandoned, and you will lose any priority rights associated with it. It is important to diligently work towards using the trademark to avoid abandonment.
Yes, an ITU application can be transferred or assigned to another party. However, the assignment must be recorded with the USPTO to ensure the new owner has the rights to the trademark.
Yes, you can amend the goods or services listed in your ITU application. However, any amendments must still be within the scope of the original filing and cannot broaden the scope of the application.
No, an ITU application can only be filed for a trademark that is not currently in use in commerce. If the trademark is already being used, you should file a regular trademark application instead.
Yes, you can oppose an ITU application during the publication period. If you believe that the ITU application infringes upon your existing trademark rights, you can file an opposition with the USPTO.
Yes, you can convert an ITU application to a regular trademark application by filing a request with the USPTO. This can be done before the ITU application is approved for registration.
No, you cannot use the symbol with an ITU application. The symbol is used to indicate common law trademark rights, which are acquired through actual use in commerce. An ITU application only grants you the right to use the ® symbol once the trademark is registered.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 30th April 2024.
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