Intent-to-use applications spill up to regular registration.

QUESTION: WHAT IS THE DIFFERENCE BETWEEN A CONVENTIONAL TRADEMARK APPLICATION AND AN INTENT-TO-USE (ITU) APPLICATION?

Answer: Prior to November 16, 1989, an applicant for federal registration of a trademark had to first use the mark in commerce. A so-called conventional trademark application is filed after the applicant has already used the trademark in commerce. If the mark has not yet been used in commerce, the applicant can file an intent-to-use (ITU) application, as long as the applicant has a bona fide good faith intent to use the mark in commerce. ITU applications are examined in the same manner as conventional applications, i.e., the examining attorney does a search and examines the application to determine if the subject mark of the application is likely to cause confusion in view of previously registered marks, and also considers the other statutory requirements for registration. However, before an ITU application can mature to registration, the applicant must use the mark in commerce and submit a statement with the USPTO attesting to such use. The USPTO charges a fee to receive this statement of use.