When filing a trademark application with the United States Patent and Trademark Office (USPTO), you have the option to file either an in-use or intent-to-use application. The type of application you choose will depend on the specific circumstances of your business and the status of your trademark.
An in-use trademark application is filed when the trademark is already being used in commerce in connection with the goods or services specified in the application. In order to file an in-use application, you will need to provide a specimen showing how the trademark is being used in commerce, as well as a declaration stating that the trademark is in use.
An intent-to-use trademark application is filed when the trademark has not yet been used in commerce, but the applicant has a good faith intention to use the trademark in the future. In order to file an intent-to-use application, you will need to provide a specimen showing how you plan to use the trademark in commerce once it becomes available for use.
There are a few factors that you may want to consider when deciding whether to file an in-use or intent-to-use application:
- Use in commerce: If your trademark is already being used in commerce, you will generally need to file an in-use application. If your trademark is not yet being used in commerce, but you have a good faith intent, then file an intent-to-use application.