What Is An Intent To Use Trademark Application?
An Intent to Use (ITU) trademark application is a type of trademark application filed with the United States Patent and Trademark Office (USPTO) when an applicant has a bona fide intention to use a trademark in interstate commerce, but has not yet started using the trademark in interstate commerce.
An Intent to Use trademark application is filed based on the applicant’s good faith, genuine, and credible intention to use the trademark in connection with the sale or transportation of goods or services in commerce that is capable of flowing across state lines. The applicant must provide a verified statement with the trademark application, indicating the bona fide intention to use the trademark in commerce.
Once the ITU trademark application is filed, the USPTO will conduct a preliminary examination to determine whether the trademark is eligible for federal registration. If the trademark is eligible for registration, the USPTO will grant the application a filing date and provide a notice of allowance. The applicant then has a specific period of time, usually 6 months, to begin using the trademark in commerce.
Once the trademark is used in commerce, the applicant must file a statement of use with the USPTO, along with evidence of use of the trademark. The statement of use must show that the trademark is being used in connection with the sale or transportation of goods or services in commerce that is capable of flowing across state lines. If the USPTO finds the statement of use and evidence of use to be satisfactory, the trademark will be registered on the Principal Register of the USPTO.
Overall, an Intent-to-Use trademark application allows applicants to reserve a trademark even if they have not yet started using the trademark in commerce. The ITU trademark application process provides a way for applicants to secure their trademark rights in a trademark before actually using the trademark in commerce.
How Long May An ITU Trademark Application Be Extended Before Showing Use In Commerce?
Once an Intent to Use (ITU) trademark application is filed with the USPTO, the applicant has six months from the date the notice of allowance is issued to file a statement of use showing that the trademark is being used in commerce. The trademark applicant may request up to five extensions of time, each for a period of six months, to file a statement of use.
This means that the total time period for the applicant to file a statement of use, including the initial six-month period and any requested extensions, may be up to three years from the date the notice of allowance was issued. The applicant must pay a USPTO filing fee for each extension request.
It is important to note that the USPTO may refuse to grant an extension if the applicant has not provided a valid reason for the extension or if the trademark is not being used in commerce. The USPTO may also refuse to grant additional extensions if it appears that the applicant does not have a bona fide intention to use the trademark in commerce.
Overall, the ITU trademark application process provides a way for applicants to secure their rights in a trademark before actually using the trademark in commerce, but the applicant must show that the trademark is being used in commerce within a specified time period. If the applicant does not file a statement of use, the trademark application will be deemed abandoned and the trademark registration will not be granted.
