Practical Law Glossary Item 2-504-3809 (Approx. 3 pages)
Glossary
Intent-to-Use Trademark (ITU) Application
Also known as a Section 1(b) application. A federal application for trademark registration filed with the US Patent and Trademark Office (USPTO) under Section 1(b) of the Lanham Trademark Act based on the applicant’s bona fide intent to use the trademark in connection with the goods or services listed in the application, even though actual use has not yet taken place (15 U.S.C. § 1051(b)).
The USPTO examines and publishes ITU applications in the same manner as applications claiming prior actual use of a trademark. However, assuming all other requirements are met, the USPTO does not register the trademark until the applicant files an Amendment to Allege Use or Statement of Use, with appropriate evidence showing that the applicant is actually using the trademark in commerce.