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Simple English definitions for legal terms
intent to use
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A quick definition of intent to use:
Intent to Use: When someone wants to register a trademark, they must have a real plan to use it in business, not just reserve it for later. This is called a "bona fide intent to use." The intention must be proven with evidence. If someone gets a trademark registration without a real plan to use it, the registration can be cancelled.
A more thorough explanation:
Definition: Intent to use refers to a specific, good-faith intention to use a trademark in the ordinary course of trade in interstate commerce and not just to reserve it for later use. This is determined by objective circumstantial evidence.
Example: If a company plans to launch a new product under a specific brand name, they may file an intent-to-use application with the United States Patent and Trademark Office (USPTO). This shows that they have a genuine intention to use the trademark in commerce and are not just reserving it for future use.
Explanation: The example illustrates how a company can demonstrate their intent to use a trademark by filing an application with the USPTO. This shows that they have a genuine intention to use the trademark in commerce and are not just reserving it for future use. This is important because a federal registration obtained under Lanham Act § 1(b) requires a bona fide intent to use the mark. If the required intent is later determined to be lacking, the registration may be invalidated.