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What is the intent-to-use basis?

Written by Jan Buza

Co-founder of Trama

The intent-to-use basis (basis 1b) is the filing option for US trademark applications where the mark is not yet in active US commercial use at the time of filing. It allows applicants to secure a priority date before launching in the US market, provided they have a genuine intention to use the mark there.

After the application passes examination and the opposition period, the USPTO issues a Notice of Allowance giving the applicant a window to file a Statement of Use confirming actual US commercial activity. Extensions are available, up to a maximum of 36 months from the Notice of Allowance date. If the Statement of Use is never filed, the application is abandoned.

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