What Is an Intent-to-Use Application (ITU)?

An intent-to-use application (ITU) is a document filed with the U.S. Patent and Trademark Office (USPTO) to reserve an intent to use a unique trademark. The ITU is the first step in the process of trademark registration and alerts the USPTO that the applicant intends to use a certain mark for a product or service.

What Does an Intent-to-Use Application Include?

An ITU includes the following items: the trademark owner‘s name and address, a description of the mark being applied for, a description of the goods or services associated with the mark, a drawing of the mark, and an attachment of a specimen of the mark. The specimen could be a labeled package, a label, an instructive manual, or an advertising brochure that others in the public would be likely to view, and must contain the trademark being applied for.

Why Would a Business Want to File an Intent-to-Use Application?

An ITU can be particularly helpful to business owners who are preparing to launch a new product or service to the public. By filing it before the product or service actually goes to market, the business will have a guarantee that no one else can take their mark or use it without their permission. Additionally, filing an ITU ahead of time will save time and money in the trademark registration process, since the document will already be on file with the USPTO.

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What Happens Once an Intent-to-Use Application Is Submitted?

Once the intent-to-use application is submitted, the USPTO will review it to ensure that it complies with the trademark laws and requirements. They typically take several months to review the application and make a decision. If the application is accepted, the trademark will be issued as “intended to be used” in the register. The applicant then has six months from the date of issuance to start using the mark in commerce. Once the mark is used in commerce, the applicant must file a Statement of Use with the USPTO confirming that the mark has been used.

Related Legal Concepts

Understanding intent-to-use applications often goes hand in hand with other intellectual property protections like provisional patent applications (PPA), which serve a similar “placeholder” function in the patent realm. Both ITU applications and PPAs allow innovators to establish priority dates while continuing to develop their ideas before committing to full registration processes.

The Bottom Line

An intent-to-use application provides businesses with a strategic tool to secure trademark rights before launching products or services to market. This filing establishes priority and prevents competitors from claiming the same mark during the development phase. However, applicants must follow through with actual use in commerce and proper documentation to complete the registration process. For guidance specific to your situation, always consult a qualified, licensed attorney.