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Q. What Does Intent To Use In Commerce Mean?

From Mary Bellis,
Your Guide to Inventors.
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A. If you are applying to register your trademark or servicemark, however, you have not yet used your mark in commerce. You can apply to register your mark based on a bona fide or good faith "Intent-To-Use" in commerce. Which literally means that you do intend to use your trademark for commerce purposes after applying.

How long does an intent-to-use applicant have to actually use the mark in commerce?

You can file the form "Amendment to Allege Use" any time between the filing date of the application and the date the Examining Attorney approves the mark for publication in the Office Gazette, if you used your mark in commerce during this time.

What If I Get A Notice Of Allowance

You can wait and see if the USPTO issues you the "Notice of Allowance" that is usually issued twelve weeks after publication in the Office Gazette. The notice tells you that your application was approved but not yet certified as registered. You then have six months from the date of the notice to use the mark in commerce and submit a "Statement of Use" form or request an extension for more time.

Avoid Abandoning Your Application

If you fail to submit either an "Amendment to Allege Use" or a "Statement of Use" within the time limits allowed, then the application will be declared abandoned and no registration will be granted. If you do submit one of the forms on time with specimens and fees and your mark was approved it will now be federally registered.

An "Amendment to Allege Use" and a "Statement of Use" are both sworn statements that the intent-to-use applicants use to declare that they have used their mark in commerce. You will also have to submit one specimen showing proof of use of the mark in commerce for each class of goods/services and a fee for each class of goods/services.

Black Out Period

If your application status is already "Approved for Publication" then you must wait until the status changes to "Notice of Allowance issued"; otherwise, you are in what is called the "blackout period," during which submissions cannot be processed.

Also See - Use In Commerce

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