An Intent to Use (ITU) application under Section 1(b) of the Trademark Act in the USA is a type of trademark application used in the United States. It's ideal for individuals or businesses that have a trademark they want to use in the future but haven't started using it yet. Filing this application reserves the trademark, giving the applicant time to launch their product or service.
Here’s how it works: When you file an ITU application, you're declaring your genuine intention to use the trademark in commerce. This means you have concrete plans to use this trademark on your goods or services and expect to start doing so within a reasonable time frame. You don’t need to provide evidence of use when you initially file, which makes this application type particularly useful if you're still in the early stages of product development or business setup.
After the U.S. Patent and Trademark Office (USPTO) approves the application, you'll receive a Notice of Allowance. This notice doesn’t mean your trademark is registered yet. Instead, it signals that the trademark office recognizes your claim and you now have six months to either start using the trademark in commerce and submit a Statement of Use, or request a six-month extension. You can request up to five extensions, giving you potentially three years in total to begin using your trademark.
Filing an ITU application is a strategic move to protect your trademark before it's actively in use. It's especially useful for ensuring that you can safely invest in marketing and brand development without the risk of losing the right to use your trademark name or logo.
In essence, an ITU application is about planning ahead and securing your trademark rights before your business goes live. So go ahead and file your 'Intent To Use Application'—don't just keep intending to file like it's the name of the game!
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