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An applicant can file a trademark application without first using the trademark in commerce by stating a bona fide “intention to use” the mark in future commerce. An “intent to use” application provides the following benefits:

  • establishes the filing date;
  • allows an applicant to claim priority over subsequent filed applications; and
  • allows the U.S. Patent & Trademark Office to examine and publish the application for opposition before providing proof of use.



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