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What’s the difference between “in use” and “intent to use”?

  • What’s the difference between “in use” and “intent to use”?

    Use-based trademarks are filed by applicants that are already selling products or services using the mark. This means that the mark is currently being used in commerce. On the other hand, an “intent-to-use” application is appropriate when the mark is not yet in use but the company genuinely intends to use it in the future. It establishes a place in line for the applicant to use the mark.

    For intent-to-use applications, extensions can be filed every six months for up to three years to maintain the place in line. Once the mark is actually used in connection with the described goods or services, a “statement of use” can be filed to complete the trademark application process and obtain protection.