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Intent to use

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U.S. trademark law Edit

An intent to use (ITU) is a filing basis provided for in Trademark Act §1(b).[1] Applicants who have not yet used (in commerce that can be regulated by Congress) the mark they wish to register may file a trademark application under this filing basis.

An "intent to use" application must include a sworn statement (usually in the form of a declaration) that applicant has a bona fide intention to use the mark in commerce.[2] The applicant or a person authorized to sign on behalf of the applicant must sign the declaration.

An applicant who files based on "intent to use" must begin actual use of the mark in commerce and file an Allegation of Use before the USPTO will register the mark. There is an additional filing fee for the Allegation of Use.

References Edit

  1. 15 U.S.C. §1051(b).
  2. A properly worded declaration is included in the trademark application form for registration.

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