Legal Definitions - intent to use

In trademark law, "intent to use" refers to a formal declaration made by an applicant to a government intellectual property office (such as the U.S. Patent and Trademark Office) that they have a genuine, good-faith plan to use a specific trademark in commerce in the future. This legal mechanism allows an individual or company to apply for and reserve rights to a trademark *before* they have actually started selling goods or services under that mark. It serves as a crucial placeholder, enabling applicants to secure their desired brand name early while they prepare to launch their product or service.

• Example 1: A Startup Developing a New Product

  A technology startup, "Innovate Solutions," is developing a groundbreaking virtual reality headset. They have a functional prototype and a detailed business plan, but the product, named "VisionSphere," is still 12 months away from mass production and market release. To protect their brand name from potential competitors, Innovate Solutions files an "intent to use" trademark application for "VisionSphere."

  This example illustrates "intent to use" because Innovate Solutions has not yet sold any "VisionSphere" headsets, but they possess a clear, genuine plan to do so in the future. Filing the application allows them to reserve the rights to the name while they finalize manufacturing and marketing, preventing others from claiming it in the interim.

• Example 2: An Individual Launching a New Service

  Dr. Anya Sharma, a renowned nutritionist, is creating a new online subscription service that will offer personalized meal plans and dietary coaching. She has developed all the content, designed the program structure, and is building the website, but the service, called "NutriPath Wellness," is not yet live or accepting clients. To safeguard her brand, Dr. Sharma files an "intent to use" trademark application for "NutriPath Wellness."

  Dr. Sharma's situation demonstrates "intent to use" because she has a concrete plan to offer a commercial service ("NutriPath Wellness") to the public, even though it is not yet operational. Her application signals her future use of the mark for health and wellness services.

• Example 3: An Established Company Expanding a Product Line

  "Gourmet Bites Inc.," a well-known company specializing in organic snacks, decides to venture into the pet food market. They have formulated a new line of premium dog treats and plan to launch them under the brand name "Pawsome Delights." While the recipes are finalized and packaging designs are complete, the treats won't be distributed to stores for another nine months. Gourmet Bites Inc. files an "intent to use" application for "Pawsome Delights."

  Gourmet Bites Inc. is utilizing "intent to use" to secure the "Pawsome Delights" trademark. Although they are an established company, this specific brand for their new pet food product line is not yet available in commerce. Their application reserves the mark, ensuring it is protected while they prepare for the official launch of their new product.