What is meant by constructive use?
The filing of any application including an intent-to-use application constitutes constructive use as long as the application matures to a registration. Constructive use helps establish a filing date. If a firm files an intent-to-use application for Trademark registration under the Lanham Act, a second firm may begin to use the mark after the application is filed but before the applicant begins its own use. To clarify this situation, the Act provides that contingent on eventual registration, the filing of the application constitutes constructive use of the mark.
