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What does 'Intent to use' mean?

Written by Jan Buza

Co-founder of Trama

Intent to use is a filing basis available in the US for trademark applications where the mark has not yet been used in US commerce at the time of filing. The applicant declares a genuine intention to use the mark in the US market in the future and secures a priority filing date from the date the application is submitted.

After the application passes examination and the opposition period, the USPTO sends a Notice of Allowance to the applicant. The applicant then needs to submit a Statement of Use within a given timeframe, demonstrating that the mark has entered actual US commercial use. Until the Statement of Use is filed and accepted, the trademark cannot be formally registered.

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