Reserve Your Trademark - File Intent To Use Application

reserving a trademark

Did you know that you can reserve a trademark even if you have not begun using the mark in connection with your goods and/or services? This type of trademark application is referred to as an “intent to use” application.

When you’re considering launching a new business or product, you might come up with the name before you are actually ready to start marketing or offering your goods or services. Although you aren’t ready to offer your goods or services, you can still reserve the mark and file the appropriate forms down the road to indicate use, once you begin using the mark in commerce.

F.A.Q.

Please browse through some of the most commonly asked questions I receive about trademarks.

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How do you convert an ITU application to in use?

There are two ways to convert an intent to use application to one that is in use, and it depends on when you allege use and how far along the intent to use application has made it through the trademark filing process.

The first way to convert the intent to use application is to file an “Amendment to Allege Use.” This would be filed in the period before the an Examining Attorney has allowed the application to proceed through to publication in the Official Gazette. Any time after that, a Statement of Use would be filed.

Does it cost more to file an ITU application?

In the longrun, you will end up paying more in fees if you file your trademark under an intent to use basis.

Filing an Amendment to Allege Use or a Statement of Use requires additional government filing fees, plus the legal fees associated with each filing.

In the event you do not beging using the mark within 6 months from the date a Notice of Allowance is issued, extension fees will be required if you wish to keep the application live.

How far in advance can i file an itu application?

Once you file a trademark application with an “intent to use” basis, it will go through the application process similarly to the way an in-use application does. The difference comes at the end of the process once a “Notice of Allowance” is issued.

In an in-use application, once the Notice of Allowance issues, you will receive a registration number and certificate shortly after. With an intent to use application, however, the Notice of Allowance starts a clock for you to begin offering the goods or services you have protected under the mark. Every 6 months, if you have not yet used your mark in commerce, you can file an extension to submit a Statement of Use. You may file this extension every 6 months, but must file a Statement of Use within 36 months, which gives you an idea of for how long you can reserve a name.