Requirement: In order to register a trademark, individuals must demonstrate a genuine intention to use it in their business operations, rather than simply reserving it for future use. This is referred to as a “bona fide intent to use.” The intention must be supported by evidence. If a trademark registration is obtained without a genuine plan to use it, the registration may be revoked.
Intent to use refers to a genuine intention to use a trademark in the ordinary course of trade in interstate commerce, rather than simply reserving it for future use. This determination is based on objective circumstantial evidence. For instance, if a company plans to introduce a new product with a specific brand name, they may submit an intent-to-use application to the United States Patent and Trademark Office (USPTO). By doing so, they demonstrate their genuine intention to use the trademark in commerce, rather than merely reserving it. It is crucial to have this genuine intention because obtaining a federal registration under Lanham Act § 1(b) requires it. If it is later found that the required intent is lacking, the registration may be invalidated.
An “intent to use” application is a type of trademark application that allows an individual or business to apply for a trademark before actually using it in commerce. This allows the applicant to secure rights to the trademark before they begin using it.
After filing an intent to use application, the applicant has up to three years to begin using the trademark in commerce. If they do not start using the trademark within this time frame, they may request extensions of time to do so.
No, an intent to use application is specifically for trademarks that are not yet being used in commerce. If you are already using the trademark, you would need to file a different type of application.
If you file an intent to use application but ultimately do not use the trademark in commerce, your application will be abandoned and you will not receive a registered trademark.
Yes, an intent to use application can be transferred to another party, as long as the transfer is properly documented and filed with the United States Patent and Trademark Office (USPTO).
Yes, once you have filed an intent to use application, you can use the trademark symbol () to indicate that you have claimed rights to the trademark, even though it is not yet registered.
Yes, an intent to use application can be filed for a logo or design, as long as it meets the requirements for trademark registration.
The main difference is that an intent to use application is filed before the trademark is actually used in commerce, while an actual use application is filed after the trademark has been used.
No, intent to use applications are only available for trademarks in the United States. For international trademarks, you would need to follow the trademark laws and procedures of each individual country.
Filing an intent to use application allows you to secure rights to a trademark before you begin using it in commerce, giving you priority over others who may try to use the same or similar trademark. It also provides a clear record of your intent to use the trademark, which can be helpful in legal disputes.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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