Should I Submit a “Intent to Use” Trademark Application?

Have you been wondering whether it’s a good idea to file an Intent to Use trademark application? Well, let me help you out.

First things first, let’s understand what it means to file an Intent to Use application. Basically, it’s a way for you to secure the rights to a trademark that you plan to use in the future. So even if you haven’t started using the trademark yet, you can still protect it from others who might try to claim it. Pretty cool, right?

Now, you might be asking yourself, Why should I bother filing this type of application? Well, my friend, there are a few benefits to consider. For starters, it gives you priority over others who might want to use a similar trademark. By filing the application, you reserve your spot in line, so to speak.

Another advantage is that it allows you to build your brand recognition before actually using the trademark. This means that by the time you start using it, people might already be familiar with your mark and associate it with your business or product. It’s like creating some buzz before the big reveal!

But hold on a second, there are a few things you should keep in mind. Once you file an Intent to Use application, you have a specific period of time to actually start using the trademark. If you don’t use it within that timeframe, your application may be rejected. So make sure you’re ready to put that mark to use when the time comes!

Now, here’s how the application process works. You’ll need to provide some basic information, like your name, address, and a description of the goods or services you plan to offer under the trademark. And don’t forget, there are fees involved, so be prepared for that.

Once your application is submitted, it goes through a review process by the Trademark Office. They’ll check if there are any similar trademarks already registered or pending. If everything looks good and no one opposes your application, congratulations! You’ll receive a Notice of Allowance, which means your trademark is on its way to being registered.

So, my friend, filing an Intent to Use trademark application can be a smart move if you want to protect your mark before actually using it. It gives you the chance to secure your rights and build some anticipation around your brand. Just remember to meet the deadlines and be prepared for the application process. Good luck!

So, you’ve come up with the perfect name for your new business or product. How exciting! And even better, the name is still available. You’re ready to claim it now, instead of waiting six months until you’re officially in business. So, you can purchase the domain name right away. But what about federal trademark protection?

Well, the United States Patent and Trademark Office (USPTO) has a solution for you – an intent to use trademark application. This allows you to file a trademark application before you actually start using the mark in commerce. It’s like reserving a trademark for your future product, service, or business, even if you’re not ready to launch it just yet. In this article, I’ll explain the basics of an intent to use trademark, so you can decide if it’s the right option for your upcoming business or product.

So, what exactly is an Intent to Use Trademark?

When it comes to applying for a trademark in the United States, there are two common types: actual use and intent to use. If you already use the mark in commerce, you’ll need to go with an actual use trademark application. On the other hand, if you haven’t used the name in commerce yet but plan to do so in the future, the intent to use application is what you should choose.

The fees for both types of applications are similar, except for one difference. If you opt for the intent to use application, you’ll also need to file a statement of use and pay a fee once you start using the mark in commerce.

The great thing about the intent to use application is that it gives you a very important advantage. It sets your filing date as the constructive use date, which means it establishes priority nationwide. Let me break it down for you: if you file an intent to use application on June 1 but haven’t actually launched your product or service yet, and another company files an actual use application on July 1, you’re still in good shape. You go ahead and put your product or service out there in October and file a statement of use. Guess what? You’ll end up with a registered trademark and better rights than the other company.

How Long Does it Last?

Did you know that the USPTO (that’s the United States Patent and Trademark Office) gives you six months from when you file your intent to use application to actually use your mark and file a statement of use? Pretty cool, huh? But if you need more time, don’t sweat it! You can ask for an extension. The USPTO can grant you up to five six-month extensions if you have a good reason. So basically, as long as you can show that you need the extra time, you can have up to three years to get your mark up and running.

Ain’t No Trademark Trolls Here

Now, you may have heard of patent trolls. They’re those sneaky businesses that don’t actually create anything new, but they buy up patents and then go around sending threatening letters to anyone they think is infringing on their patents. Yikes! But here’s the good news: in the world of trademarks, there’s no such thing. And you wanna know why? Well, let me tell you.

When I want to apply for a trademark, I have to make sure that I genuinely plan to use the mark in commerce. It’s not enough to just come up with a catchy name and file an application. I need to provide objective evidence of my intention to use the mark. If I can’t show this intention from the beginning, my trademark application will be invalid.

Does a few months really make a difference?

You might be wondering if it’s really worth the trouble and expense to go through the process of an intent to use trademark. It’s important to consider that I’ll have to pay for the application, any extension requests, and the statement of use once I actually start using the mark in commerce.

It’s really hard to know if someone will actually steal your trademark during the months or even years it takes from when you first come up with the name to when you’re ready to start your business or sell your product or service. It’s so tempting to just wait until you actually start using the mark before filing a regular trademark application.

However, I read an interesting story in the National Law Review about two hair salons. On December 10, 2011, a business in Minnesota called Blown Away applied for a trademark for the name BLAST BLOW DRY BAR, but they hadn’t actually started using it. Unfortunately for them, another salon in Texas called Blast Blow Dry Bar had already filed a trademark application on December 8, 2011 – just two days earlier! Because of this, the application from the Minnesota business was rejected. Sometimes just two days can make a huge difference.

If you’ve got an awesome name in mind and you’re already taking steps to start your business, the intent to use application can be a real game-changer. By reserving your trademark now, you can have the reassurance that nobody else will steal your idea while you’re working hard to get things going.

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