The USPTO allows applicants to file for an 1(b) Intent-to-Use application for trademarks. This means that if you have some ideas
You Can Use This Symbol Once The USPTO Grants Your Registration
for a product or service name, but haven’t sold anything yet under those names, you can still register those names right now.
What’s the Catch?
No catch; you still have to go through the normal trademark clearance process from the USPTO and overcome any office actions raised by it. Once you have been cleared, you are given 6 months to file a Statement of Use, which is a way to prove to the the USPTO that you are using the mark to sell goods/services.
If you cannot file a Statement of Use within 6 months, you can renew 3 more times, for a total of 24 months.
What’s the Benefit?
The benefit is that you get an earlier filing date, even though you haven’t used the mark in commerce until a later date. Compared to a 1(a) Actual Use application, you are limited to the date you file the application, even if you have used the mark earlier.
Filing dates may affect your rights if there is a dispute as to the trademark.
Image courtesy of Stuart Miles/FreeDigitalPhotos.net
