Use in Commerce vs Intent to Use Trademark Applications
If you’ve been reading my blog posts, you already know what a trademark is but let’s recap anyway. A trademark is a word, phrase, symbol and/or design that identifies and distinguishes the source of the goods or services of one party from another. Trademark rights come from actual “use.” Your mark must be used in connection with the sale or promotion of your goods or services. But what if you already created your mark but you’re not quite using it in connection with any sales or promotions yet? That’s where the Intent to Use application comes in.
The two most common trademark applications are Use in Commerce (1a), and Intent to Use (1b). The Use in Commerce (1a) application is generally a faster process with fewer filing fees, however, you must provide evidence of use of the mark in connection with the sale or promotion of your goods and services when filing the application.
The Intent to Use (1b) application will allow you to file the application WITHOUT providing evidence of use of the mark in connection with the sale or promotion of your goods or services when filing the application. However, you will have 6 months to provide a Statement of Use. Within these 6 months, you will have to provide the evidence of use of the mark used in connection with the sale or promotion of your goods or services. But, if you still haven’t begun using the mark, you can request an extension of 6 months (for an additional filing fee of course) for a maximum of 5 times.
The Intent to Use (1b) application is a way for you to start the trademark registration process even though you have not started using your mark in connection with the sale or promotion of your goods or services. It is a great tool for you to start to secure ownership of your mark even though you are not quite ready to use it.