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 forms of trademark applications, but they are distinct and serve different functions. An intent to use application reserves a trademark for a business before the business begins using a trademark in commerce. This type of application secures the trademark on a “first in time use” basis, whereby the first business to file the trademark application with the United States Patent and Trademark Office (USPTO) will be able to use the trademark in the future. With an actual use application, the business has actually begun using the trademark in commerce before filing the application. This type of trademark is also filed with the USPTO, but the trademark is only secured once the application is approved by the USPTO. In New York, the filing fees for an intent to use application are generally higher than the fees for an actual use application. This is because, with an intent to use application, the applicant is taking the risk that the USPTO will deny the application or that someone else will apply for the same trademark before the application is approved. Furthermore, in New York, an intent to use application must be followed up with an action for a verified statement to the USPTO that the applicant has begun using the trademark in commerce. On the other hand, with an actual use application, the applicant is already using the trademark in commerce. Therefore, the trademark is secure as soon as the application is approved by the USPTO. Overall, the difference between an intent to use application and an actual use application is that one reserves a trademark before use in commerce, and the other secures a trademark after use in commerce. Both forms of applications are filed with the USPTO, but each involve different filing fees and processes.

Related FAQs

Can I register a business name as a trademark?
How do I file a trademark application?
What is required in order to obtain a trademark registration in another country?
How long does a trademark registration last?
What is the Paris Convention and how can it help me protect my trademark internationally?
What is an Inter-Partes Review and how does it work?
What is the trademark registration process?
Is it necessary to have a trademark attorney to register a trademark?
Does common law trademark protection exist?
What is a trademark opposition and how can it be avoided?

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

Related FAQs

Related Blog Posts