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Can an applicant register a trademark on the basis of either use or the intent to use the mark in commerce? |
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No. Under US practice, an APPLICATION can be filed for intent to use (ITU), but a registration requires certified proof of ACTUAL use in U.S. commerce of the identical mark proposed in the application.
It sometimes takes a year or two to obtain an official USPTO publication of the proposed mark, and an ITU application will permit the owner to continue to "reserve" the mark for a limited time, if actual use has not yet begun, upon payment of extension fees.
First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 495 [recommend contributor]. Question popularity: 11 [recommend question]




