Authors: Bharati Bakshani, Dennis S. Prahl, Matthew D. Asbell, Sebastian Lovera Riso | Categories: | Tags: , , ,

Allegations of Use in U.S. Trademark Applications Based on Intent to Use

“Intent to use” (“ITU”) trademark applications must be successfully amended to allege use in U.S. Commerce before proceeding to registration. The applicant has six months from the issuance of a Notice of Allowance (“NOA”) or any extension thereof to commence use in U.S. Commerce and submit a Statement of Use (“SOU”) or file a request for an extension of time to commence use (“RFE”).1

The appropriate step depends on whether the applicant (or its licensee(s)):

  • has commenced use on all of the applied-for goods/services;
  • has not commenced use on any of the applied-for goods/services; or
  • has commenced use on only some of the applied-for goods/services.

The sections below address each of these circumstances separately.

  1. * An alternative, if applicable, is to complete the process of amending to a foreign application or registration basis, thereby circumventing the pre-registration use requirement.
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