Meeting of the Minds

Best Practices for Filing an Intent-to-Use Trademark Application

James L. Bikoff and Victoria L. Burke

©2017. Published in Landslide, Vol. 9, No. 6, July/August 2017, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

An applicant can file for a trademark on the basis of actual existing use or on a bona fide intention to use a mark in the future. The latter would require an intent-to-use (ITU) application. Because proof of use of a trademark in commerce is a requirement for formal registration, an ITU applicant would later have to file a statement of use (SOU) form (accompanied by proof of use of the mark in commerce) to convert an ITU application to actual use.

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