Legal Definitions - intent-to-use application (ITU)

An intent-to-use application (ITU) is a specific type of trademark application filed with the United States Patent and Trademark Office (USPTO). It allows an individual or business to apply for trademark registration for a brand name, logo, or slogan before they have actually started using it commercially.

To file an ITU application, the applicant must genuinely intend to use the mark in commerce in the near future. This intention must be declared under oath, and making a false statement can carry serious legal consequences. The primary benefit of an ITU application is that it allows the applicant to "reserve" their desired trademark. By securing an early filing date, the applicant establishes a claim to the mark, which can be crucial for establishing priority over potential competitors who might later try to use a similar mark.

Here are a few examples of when an intent-to-use application would be beneficial:

• A Startup Launching a New Product: Imagine a tech entrepreneur developing a revolutionary new app. The app is still in beta testing, and they haven't officially launched it or started generating revenue. However, they have a unique name for the app and want to ensure no one else claims it before their official release. By filing an ITU application, they can secure the rights to their app's name, preventing competitors from using it while they finalize development and prepare for market entry.

• An Established Company Expanding its Brand: Consider a well-known beverage company that plans to introduce a new line of sparkling water with a distinct brand identity. The product formula is still being perfected, and the packaging design is in its early stages. To protect the new brand name and logo they've chosen for this future product line, the company can file an ITU application. This allows them to reserve the trademark for their new sparkling water line even before it hits store shelves, safeguarding their investment in branding and marketing.

• An Individual Planning a Future Service: A professional speaker and coach has developed a unique methodology for leadership training and plans to launch a new online course and workshop series under a specific program name in six months. While they are still building their website, creating course content, and scheduling their first workshops, they want to ensure the program name is available. Filing an ITU application allows them to claim the rights to their program's name, giving them peace of mind that their chosen brand will be protected when they officially begin offering their services.