Legal Definitions - intent-to-use application

An intent-to-use application is a specific type of trademark application filed with a government intellectual property office (like the U.S. Patent and Trademark Office) by an individual or business that has a genuine plan to use a particular brand name, logo, or slogan (a "mark") in connection with their goods or services, but has not yet actually begun using it in commerce.

This application allows the applicant to reserve their rights to the mark before they officially launch their product or service. While it establishes a priority date for the mark, the applicant must eventually provide proof of actual commercial use before the trademark can be fully registered.

Here are some examples illustrating an intent-to-use application:

• New Beverage Company Launch: A group of entrepreneurs is developing a unique line of sparkling water. They have designed a distinctive logo and chosen the brand name "AquaVibe". Although their product is still in the testing phase and they haven't started selling it to customers yet, they want to ensure no one else claims their chosen brand name. To secure their rights early, they file an intent-to-use application for "AquaVibe" and its associated logo. This reserves their spot, giving them time to finalize production and distribution, after which they will submit evidence of actual sales to complete the registration.

• Software Development Project: A software development firm is creating an innovative project management tool. They have decided to call their new software "TaskFlow Pro" and have designed a unique icon for it. The software is still in beta testing and not yet available for public subscription or purchase. To protect their investment in branding and prevent competitors from using a similar name, the firm files an intent-to-use application for "TaskFlow Pro". This allows them to establish their claim to the mark while they complete development and prepare for their official market launch.

• Restaurant Chain Expansion: A successful regional restaurant chain, known for its gourmet burgers, plans to introduce a new line of frozen, ready-to-cook burger patties for sale in grocery stores nationwide. They have developed a new sub-brand name, "GrillMaster's Choice," and packaging designs. Even though the frozen patties are still in the pilot production phase and haven't hit supermarket shelves yet, the company files an intent-to-use application for "GrillMaster's Choice". This proactive step ensures that their new product line's brand name is protected from the outset, giving them exclusive rights once they begin commercial distribution.