Trademark applications – intent-to-use (ITU) basis

If you have not used your mark in commerce yet, but have a good faith intention to do so in the future, you can file an application to register your trademark or service mark under an intent-to-use (ITU) filing basis. 

Although you don’t need to use your mark in commerce before filing an ITU-based application, you must show actual use of your mark in commerce by filing documents and paying additional fees within certain time frames before your mark may register. Click on the headings below to find out more about the ITU filing basis.

 

 

*Note: This page discusses only trademark and service mark applications, though we also register certification marks, collective membership marks, collective trademarks, and collective service marks. The requirements for these marks are similar to those for trademark and service mark applications, but some application requirements differ because these marks function differently from trademarks and service marks. For information about the ITU requirements for these other marks: