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LSDefine
Simple English definitions for legal terms
intent-to-use application (ITU)
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A quick definition of intent-to-use application (ITU):
An intent-to-use (ITU) application is a type of trademark application that allows a person or company to register a trademark with the United States Patent and Trademark Office (USPTO) before actually using it in commerce. To file an ITU, the applicant must show that they plan to use the trademark in the future by submitting a sworn statement in the application. This process allows the applicant to reserve the trademark rights and have priority over someone else's mark if a legal conflict arises. The ITU application process takes about a year, and more information can be found in the Trademark Manual of Examining Procedure (TMEP) §1101.
A more thorough explanation:
An Intent-to-Use (ITU) application is a type of trademark application that a person can file with the United States Patent and Trademark Office (USPTO) to register a trademark before using it in commerce. This means that the person has not yet started using the trademark, but plans to do so in the future.
To file an ITU application, the person must show that they have a good faith intention to use the trademark in the future. This is done by submitting a sworn statement in the application, which is subject to criminal penalties if the person is found to be lying.
The purpose of filing an ITU application is to reserve the trademark rights against potential competitors. By getting an earlier application filing date, the person can have priority of their trademark over someone else's if a legal conflict arises at the USPTO or in the marketplace.
The ITU application process takes approximately one year. For more information about how to state good faith intent in the application, please see the Trademark Manual of Examining Procedure (TMEP) §1101.
Here is an example of how an ITU application can be used:
John wants to start a new business selling t-shirts with a unique logo. He files an ITU application with the USPTO to register the logo as a trademark, even though he has not yet started selling the t-shirts. This way, he can reserve the trademark rights and prevent others from using the same logo for similar products.
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