What is the difference between an intent to use application and an actual use application?

An intent to use application and an actual use application are both aspects of California trademark law. An intent to use application occurs when an individual or organization wishes to establish exclusive rights to a particular mark, but has yet to actually use the mark in commerce. This application allows an individual or organization to reserve the mark. An actual use application occurs after the mark has been used in commerce. This application is usually filed after a period of use during which the mark has become sufficiently associated with the goods or services of the holder to be considered a trademark. Filing an actual use application allows the trademark holder to receive a registration for the mark and receive certain legal protections. The main difference between an intent to use application and an actual use application is that an intent to use application is filed when a trademark is not yet being used in commerce while an actual use application is filed after the trademark has already been used. These applications have different requirements. An intent to use application requires evidence that the applicant has a valid intent to use the mark in the future while an actual use application requires evidence that the mark has already been used in commerce.

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What is the difference between an intent to use application and an actual use application?

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