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Glossary

Section 1(b) applications (intent-to-use basis/ITU)

An application filed under the basis provided for in Trademark Act Section 1(b), 15 U.S.C. §1051(b). You can file an application with this basis if you have not yet used the mark you want to register with the goods and/or services in your application.

For an intent-to-use (also called “ITU”) filing basis, you will be required to submit a verified statement that you have a bona fide intention to use the mark in commerce on or in connection with the goods and/or services in the application, and, if not included in the initially-filed application, that you had a bona fide intention to use the mark in commerce on or in connection with the goods and/or services in the application as of the application filing date.  You will also have to begin using your mark in commerce and file an Allegation of Use (an amendment to allege use (AAU) or a statement of use (SOU)) to verify that use before we will register your mark. There is an additional filing fee for filing an AAU or SOU. 

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