Trademark Engine Logo
(877) 721-4579
Trademark Engine Logo
Trademark Engine Logo

Any questions?

We're available Monday through
Friday from 9am - 6pm CST

1814 North Memorial Way,
Houston, Texas 77007

Quick Links

  • Trademark Registration
  • Comprehensive Search
  • Trademark Monitoring
  • Free Trademark Search
  • Copyright Registration
  • Office Action Response

Company

  • About Us
  • Careers
  • Our Guarantee
  • 360 Legal
  • Privacy Settings

Connect with Us

  • Contact Us
  • Blog
  • Partners

Follow Us

  • SOC Certified

Privacy Policy

Trademark Engine provides information and software only. Trademark Engine is not a "lawyer referral service" and does not provide legal advice
or participate in any legal representation. Use of Trademark Engine is subject to our Terms of Service, Privacy Policy and Limited Scope Agreement.

For any legal advertising on this page or legal services provided, Swyft Legal, LLC is responsible.  Arizona Supreme Court license number 70173. [email protected].
Trademark Engine is an affiliate of Swyft Legal, LLC.

The Applicable Fees are USPTO fees of $350 per class based on your description + $100 for services and platform access. The USPTO may charge $550 per class if your description does not fit the ID Manual, but we work with you to minimize the USPTO fees. More info

Home|Help Center|Intent-to-Use, Delays, Abandonment & Appeals|Can I change from intent to use to in use?

Category

Intent-to-Use, Delays, Abandonment & Appeals

Need help?

← Back to Help Center

Can I change from intent to use to in use?

An applicant can change a trademark application from intent-to-use to use-in-commerce status once the trademark is actually being used in commerce for the goods and/or services listed in the application. This is done by filing either an Amendment to Allege Use (AAU) or a Statement of Use (SOU), depending on the stage of the application process.

If the applicant begins using the trademark before the application is approved for publication, the applicant may file an Amendment to Allege Use.

If the applicant begins using the trademark after receiving a Notice of Allowance, the applicant must file a Statement of Use.

-

An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.

Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.

Intent to use means the applicant has a bona fide, or genuine good-faith, intention to use the mark in commerce but has not yet begun the qualifying use needed for registration.

A Statement of Use is a USPTO filing for an intent-to-use application that states the mark is now in use in commerce and normally includes dates of use and an acceptable specimen.

Home|Help Center|Intent-to-Use, Delays, Abandonment & Appeals|Can I change from intent to use to in use?
Intent-to-Use, Delays, Abandonment & Appeals

Can I change from intent to use to in use?

An applicant can change a trademark application from intent-to-use to use-in-commerce status once the trademark is actually being used in commerce for the goods and/or services listed in the application. This is done by filing either an Amendment to Allege Use (AAU) or a Statement of Use (SOU), depending on the stage of the application process.

If the applicant begins using the trademark before the application is approved for publication, the applicant may file an Amendment to Allege Use.

If the applicant begins using the trademark after receiving a Notice of Allowance, the applicant must file a Statement of Use.

-

An intent-to-use application allows an applicant with a genuine plan to use a mark to begin the federal application process before actual commercial use begins. Registration cannot issue on the intent alone. At the appropriate stage, the applicant must submit evidence of use through an Amendment to Allege Use or Statement of Use, depending on where the application is in the USPTO process.

Trademark applications can also be delayed, suspended, abandoned, or refused for different reasons. 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.

Intent to use means the applicant has a bona fide, or genuine good-faith, intention to use the mark in commerce but has not yet begun the qualifying use needed for registration.

A Statement of Use is a USPTO filing for an intent-to-use application that states the mark is now in use in commerce and normally includes dates of use and an acceptable specimen.

← Back to Help Center

Related Articles

  • Can I file again after my application is abandoned or refused?
  • Can I withdraw my trademark application?
  • What is the Trademark Trial and Appeal Board?
  • Can I appeal a final trademark refusal?
  • What happens if my trademark application is refused?
  • What is a petition to revive?
  • Can an abandoned trademark application be revived?
  • What does “abandoned” mean on a trademark application?
  • Why is my application suspended?
  • What does “suspended” mean on a trademark application?