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.

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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 'Suspended' generally means processing is temporarily paused; 'abandoned' means the application is no longer active; and a 'refusal' means the USPTO has identified a legal basis preventing registration unless the issue can be overcome.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.