Also known as: intent to use · intent-to-use application · ITU
Written by attorneys · grounded in primary & secondary sources — see below
A basis for federal trademark registration that allows an applicant to file before actual use of the mark in commerce upon demonstrating a bona fide intention to use the mark.
TechStart Inc. develops software under the mark CLOUDSYNC. The company files an intent-to-use application with the PTO asserting a bona fide intention to use the mark in interstate commerce. After publication and no opposition, the PTO issues a notice of allowance, giving the company time to begin actual sales and file the required statement of use.
Ike Ingram files an intent-to-use application for the mark LUMINA for lighting fixtures. A competitor later begins using a similar mark in the same market. When Ingram commences use and obtains registration, the filing date serves as constructive use, establishing priority over the competitor's actual use that began after the application.
GreenForge LLC files an intent-to-use application for eco-friendly tools. The PTO publishes the mark and issues a notice of allowance after no opposition. GreenForge then begins sales in interstate commerce and files a statement of use within the extension period to obtain registration.
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The applicant must assert a bona fide intention to use the mark in commerce on or in connection with the listed goods or services as of the filing date. Courts require more than a mere subjective belief and examine objective circumstances to confirm good faith.
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Filing a section 1(b) application constitutes constructive use as of the filing date. This date gives the applicant priority against others who begin use or file later, provided the applicant ultimately proves actual use and obtains registration.
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The applicant has up to twenty-four months to file a verified statement that the mark is in use in commerce together with a specimen. Once accepted, the mark is registered on the Principal Register.
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…the keeping of an animal as well as the killing itself, applies if the animal is killed in "any type of ritual" and there is an intent to use the animal for food, whether or not it is in fact consumed for food. The ordinance exempts, however, "any licensed [food] establishment" with regard to "any animals which are specifically…