Types of Registration – Intent to Use vs. In Use

Two different “basis” exist for trademark filings with the USPTO:

1. An “In Use” application is such that the good/service is actively used in commerce at the time of the trademark filing.
2. An “Intent to Use” application is just that. The mark is not currently used in a good/service while in commerce. The applicant must have a “bona fide intent to use” the mark in commerce in the future. Such an application requires an additional fee and document. Once used in commerce, the applicant must notify the USPTO of the change in use and convert the basis to “in use.”