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Mertzel Law PLLC
Technology, Copyright and Trademark Litigation and Counseling
What is an "intent-to-use" application?
If your mark has not yet been used, but you have a good faith intention to use the mark, you can file based on intent-to-use (ITU). The benefit of filing an ITU application is that if the registration issues, your rights will be retroactive to the filing date. The downside is that obtaining an ITU registration generally costs more. Once the mark is allowed, you will need to submit a statement of use and specimen, or seek extensions of time to do so, at additional cost. You can seek up to five extensions, so the costs can become significant.
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