Proving Your Intent: Documenting a Bona Fide Intent to Use a Trademark Filing a trademark application is a crucial step in protecting your brand. In the United States, you can apply for a trademark before you have started selling goods or services under that mark. This is known as an "Intent-to-Use" (ITU) application. However, filing an ITU application requires more than just an idea; it requires a "bona fide intent" to use the mark in commerce. The United States Patent and Trademark Office (USPTO) takes this requirement seriously. Simply stating you intend to use a mark is not enough. You must be able to prove that your intention is genuine and backed by objective evidence. This article explains what bona fide intent means, why it’s critical for your application, and how to properly document it to protect your future brand rights.