What is the intent-to-use basis?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

The intent-to-use basis refers to a filing option for trademark applications where the applicant declares a genuine intention to use the mark in commerce in the future but has not yet commenced actual use of the mark at the time of filing. This basis allows the applicant to secure a priority filing date and begin the registration process, even if the mark is not currently being used in connection with the specified goods or services.

The intent-to-use filing option is available in certain jurisdictions, including the United States, to accommodate applicants who have a bona fide intention to use the mark but require some time to prepare for its actual use. It recognizes that trademark protection is valuable and should be available to those who are actively planning and preparing to use the mark in the marketplace.

Once the intent-to-use application is filed and accepted, the applicant is granted a priority filing date, which establishes their place in line for the trademark registration process. However, the applicant must eventually demonstrate actual use of the mark in commerce by submitting additional documentation and evidence to the trademark office.

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