20:49
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LSDefine
Simple English definitions for legal terms
intent-to-use application
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A quick definition of intent-to-use application:
An intent-to-use application is a request made by a trademark owner to the U.S. Patent and Trademark Office to register a trademark or servicemark that is not currently being used commercially, but the owner intends to use it in the future. This application is allowed under the Lanham Act, which permits applications to be filed before actual use begins if the mark qualifies for the Principal Register. The application must be accompanied by a sample of the mark and a filing fee. A combined application is an application to register a mark to be used in more than one class of goods or services, and it is given a single serial number but examined as if it were a set of distinct single applications.
A more thorough explanation:
An intent-to-use application is a type of trademark application filed with the U.S. Patent and Trademark Office. It is used to protect a trademark or servicemark that is not currently in commercial use but whose owner has a bona fide intent to use the mark commercially in the foreseeable future.
For example, if a company plans to launch a new product with a unique name, they can file an intent-to-use application to protect that name before the product is actually available for sale.
Trademark rights have traditionally been restricted to marks actually used in trade, but an amendment to the Lanham Act in 1988 allowed for applications to be filed before actual use begins if the mark otherwise qualifies for the Principal Register.
Intent-to-use applications are important because they allow companies to secure their trademarks before they are actually using them in commerce, which can help prevent others from using similar marks in the future.