Category: Trademark Filing Basis

Use-Based Trademark Application

The use-based application (also known as an “in-use” application) requires that the trademark was in use in commerce prior to or at the time of filing. To base the application on the applicant’s use of the mark in commerce, the applicant must submit the following four items…

Intent to Use (ITU) Trademark Application

The intention to use a trademark is one of the five filing bases provided by trademark law. The intent to use (ITU) application type is ideal if you know what your trademark will be, but you are not yet using it in commerce. Since priority is dictated by earliest use, the ITU application can be advantageous, as…