What is Intent to Use?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith, or bona fide, intention to use the mark in commerce. You do not have to use the mark before you file your application. An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. If you file based on intent to use, you must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on “intent to use,” you must later file another form to establish that use has begun.
One of the requirements to registering a federal trademark is that the owner must be using the mark or have an “intent to use” the mark. All this means is that the owner must have a bona fide intent to use the mark in a commercial use at some point. This is a relatively easy standard to meet, and the purpose of this requirement is primarily to prevent people from claiming rights to many trademarks they never intend to use, essentially stockpiling them to sell-off at a later time.
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application. An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. The applicant or a person authorized to sign on behalf of the applicant (e.g., attorney) must sign the statement. NOTE: If you file based on intent to use, you must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on “intent to use,” you must later file another form (“Allegation of Use”) to establish that use has begun.
