Practice Area

Intent-to-Use Trademark Application

USPTO

Situation — How This Comes Up

I want to reserve my trademark before I launch my product.

What You Need to Know First

An intent-to-use application gives you a priority date before you have made a single sale. That date can be the difference between owning your brand and litigating over it.

Full Analysis

Intent-to-use (ITU) trademark applications under Section 1(b) of the Lanham Act allow applicants to reserve a mark before use in commerce. The application creates a priority date, but registration cannot issue until a Statement of Use or Extension Request is filed.

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