What is the difference between an intent to use application and an actual use application?

Intent to use and actual use applications are both used in trademark law in Massachusetts. An intent to use application, also known as an ITU, is when a company applies to the United States Patent and Trademark Office (USPTO) for the exclusive right to use a specific mark. This mark is not currently being used but the intent is to use the mark in the future. An actual use application, also known as an AU, is when a company already uses a mark for their goods or services. They are applying for the exclusive right to use the mark. The primary difference between an intent to use and an actual use application is that one is intent and one is actual. An intent to use application has more steps and usually takes longer to process. The company needs to prove that they have a genuine intent to use the trademark and show evidence of their intent. An actual use application is simpler because they have to show that they are already using the mark. In both cases, the company needs to show that their mark is distinguishable from existing marks and that it is distinctive. The USPTO will also investigate the mark to make sure that it is not offensive or that it does not falsely suggest a connection to another company or person. Overall, the key difference between an intent to use and an actual use application is that one is intent and the other is actual. An intent to use application requires more steps and takes longer to process, while an actual use application is simpler and quicker.

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What is the difference between an intent to use application and an actual use application?

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