<p>Filing an ITU application can help you establish an earlier trademark priority date if your mark is not yet in use in connection with the sale of goods or rendering of services.  Assuming your ITU trademark application matures to registration, your constructive nationwide trademark priority date will be the date on which you filed your ITU application.   </p>

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<p>Filing a use-based application is appropriate if your mark is already in use in commerce or will be soon.  Otherwise, if you wait to file until the mark is in use, you risk a third-party filing an ITU application for the same or similar mark and securing prior trademark rights over you.  While using a trademark in commerce will provide some common law (unregistered) trademark rights, any such rights will be geographical in scope.  If a third party is able to secure a registration before you do, they may have the ability to prevent you from using the mark or prevent you from expanding outside of any jurisdictions where you may have used the mark first.</p>

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<p>On balance, if you're not ready to use the mark soon, the ITU route is the safer choice even with the added cost. If a product/service launch under the mark is imminent, filing based on use is reasonable.</p>