What is Intent To Use? A Comprehensive Guide to Trademark Law

Q: How long can I reserve a trademark with an intent to use application?

Typically, you have three years from the filing date to use the trademark in commerce before the application may be abandoned.

Q: Can I change my trademark after filing an intent to use application?

Yes, but significant changes may require a new application.

Definition & Meaning

The term "intent to use" refers to a specific application process for federal trademark registration. It allows an applicant to claim a trademark based on their genuine intention to use it in commerce soon. This method is beneficial because it enables the applicant to reserve the trademark for a limited period while they prepare to launch their product or service. However, the trademark will only be officially registered once it is actively used in commerce.

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Legal Use & context

The "intent to use" application is primarily used in trademark law. It is relevant when a business or individual wants to protect their brand before it is commercially available. This process is common in various industries, including technology, fashion, and consumer goods. Users can manage this process using legal templates from US Legal Forms, which provide guidance on the necessary steps and documentation required for filing an intent to use application.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A tech startup files an intent to use application for a new software product they plan to launch in six months. This allows them to secure the trademark while they complete development.

Example 2: A clothing brand applies for an intent to use trademark for a new line of apparel they intend to release next season. They can reserve the name until the products are available for sale.

Comparison with related terms

Term	Definition	Key Differences
Actual Use	Refers to a trademark that is currently being used in commerce.	Unlike "intent to use," this method requires the trademark to be in active use at the time of application.
Abandonment	Occurs when a trademark is not used for a specified period.	Abandonment can happen if the applicant does not use the trademark after filing an intent to use application.

Common misunderstandings

What to do if this term applies to you

If you are considering filing an intent to use application, start by documenting your plans to use the trademark in commerce. You can explore US Legal Forms for templates that guide you through the application process. If your situation is complex or if you have questions, consulting a legal professional is advisable to ensure proper handling of your trademark rights.

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Quick facts

Typical fees: Varies by application type, generally around $250 to $350 per class of goods/services.
Jurisdiction: United States federal law, under the USPTO.
Possible penalties: Loss of trademark rights if not used in commerce within a specified time frame.