An important concept within trademark law is the “intent to use” provision, specifically designated as 1(b) Intent to Use. This basis of use allows business owners to file an application for trademark registration before actually using the trademark. In this post, we will discuss the significance of 1(b) Intent to Use applications in trademark law.
Under Section 1(b) of the Lanham Act, also known as the Intent-to-Use provision, an applicant can file a trademark application with the USPTO based on a bona fide intention to use the mark in commerce in the future. This provision allows brand owners to secure priority rights for their trademarks before the marks are actually used in the marketplace.
The intent-to-use provision offers several advantages to brand owners.
The applicant must have a genuine intention to use the mark in commerce in connection with specific goods or services. This intention should not be speculative or merely for the purpose of blocking others from using a similar mark. The applicant either directly or through their trademark attorney must attest to this bona fide intent in the application.
A 1(b) Intent to Use applicant still must eventually submit a Statement of Use (SOU) before the trademark is registered. The SOU must include evidence of actual use. Extensions for filing the SOU may be available under certain circumstances. Upon approval, the mark will be registered and granted full protection.
The 1(b) Intent to Use provision in trademark law allows brand owners to secure priority rights and protect their marks before they are used in commerce. It offers flexibility, strategic advantages, and the ability to establish a priority date, even during the development stage. Contact Alex to discuss the post or to get started on preparing your trademark application.