Lanham Act permits you to file a trade mark application even prior you begin using your own brand name in commerce, on the basis that you attempt to start using the mark during a period of six months from the moment of the validation of the mark application by the USPTO. The Office publishes a so-called Notice of Allowance – a document permitting you to demonstrate evidence of trade mark use for the registration purpose). As long as you do not begin utilizing and using the trade mark by the requested deadline, you could move this deadline for another six months (longest up to thirty six months total) however every time a fee has to be paid($150 per one class).
The principal benefit of filing an intent-to-use trade mark application is that your filing date turns into your presumed date when the trademark was applied and used for the first time once you actually start using the mark and meet all the conditions for the brand name registration certificate. The day of first operation and use may be highly important in case of a possible disagreement with different brand name holder or with the U.S. Patent and Trademark Office to produce that you started utilizing and using the trade mark earlier than your competitor. An additional benefit is a product or service name registration procedure is pretty lengthy and can take up to 1 year. Intent-to-use filing ground allows ventures not to put significant amount of finances into a trade mark development (advertisement campaign, product development, etc) merely to find out that a mark application in fact cannot be protected and they must create a fresh trademark.
On the other hand, an intent-to-use application costs more. Together with the filing fee, you must pay $100 for one class to file a Statement of Use (a affidavit from the trade mark holder that the product or service name is currently being used in commerce and may be qualified to obtain a federal registration). office refurbishment company As discussed above, you must pay $150 per class of goods or services every time you move the date to demonstrate operation and use of the mark.
Decide if an intent-to-use trade mark application is OK for you and your business. Although, please remember that the Notice of Allowance will be sent to you only if your product or service name complies with the entire set of the conditions for federal registration including its distinctiveness.