Intent to Use Based Trademark Filing

Intent to use means that you haven’t started using your trademark in commerce, but you have a bona fide intent to do so within the next three to four years. For example, you might intend to make and sell wallets, but you’re just at the point of sourcing your materials. That is, you haven’t started making or selling the wallets yet.

Although you can apply to register your trademark with an intent-to-use basis, you cannot actually register your trademark until you show that you’ve started using it in commerce and you file the proper TEAS form. You may amend an application to one based on a bona fide intention to use your mark in commerce under Section 1(b) if you can provide in good faith the following statement, verified with an affidavit or signed declaration with the statement that the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date.

Although you may file an application based on a bona fide intent, this filing basis is not a basis for registration, so your mark will not be registered until you convert the application to one based on use in commerce by filing a timely and acceptable allegation of use (amendment to allege use or statement of use).

A mark is in use in commerce with goods when (1) the mark is placed on the goods, packaging for the goods, or displays associated with the goods (including webpage displays), and (2) the goods are actually being sold or transported in commerce. A service mark is in use in commerce with services when (1) the mark is used in the sale, advertising, or rendering of the services, and (2) the services are actually being rendered in commerce.