Trademark squatters beware: ITU trademark applications generally can’t be assigned

Section 10 (a) (1) of the Lanham Act, also referred to as the anti-assignment provision of the Trademark Act, prohibits assignments of ITU applications prior to the filing of a statement of use (SOU) or amendment to allege use (AAU), with one exception. See 15 U.S.C. 1060 (a) (1). It is possible to assign an ITU application if it is “an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing.  What does all of this mean? You can’t register a mark without an intent to actually use it. You can’t register it simply to sell it or license it to someone else to use it.