TMEP 806.01(b): Intent-to-Use - §1(b)

October 2017 Edition of the TMEP

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806.01(b)    Intent-to-Use - §1(b)

In a trademark or service mark application based on 15 U.S.C. §1051(b) and 37 C.F.R. §2.34(a)(2), the applicant must submit a verified statement that the applicant has a bona fide intention to use the mark in commerce. 15 U.S.C. §1051(b)(3)(B);  37 C.F.R. §§2.2(l); 2.34(a)(2).  If the verified statement is not filed with the initial application, the verified statement must also allege that the applicant had a bona fide intention to use the mark in commerce as of the application filing date. 37 C.F.R. §§2.2(l); 2.34(a)(2).

Prior to registration, the applicant must file an allegation of use (i.e., either an amendment to allege use under 15 U.S.C. §1051(c) or a statement of use under 15 U.S.C. §1051(d) ) that states that the mark is in use in commerce, and includes dates of use, the filing fee for each class, and one specimen evidencing use of the mark for each class.  See 37 C.F.R. §2.76 and TMEP §§1104–1104.11 regarding amendments to allege use, and 37 C.F.R. §2.88 and TMEP §§1109–1109.18 regarding statements of use.

Once an applicant claims a §1(b) basis for any or all of the goods or services, the applicant may not amend the application to seek registration under §1(a) of the Act for those goods or services unless the applicant files an allegation of use under §1(c) or §1(d) of the Act. 37 C.F.R. §2.35(b)(8).

See TMEP §§1303.01(a)(ii), 1304.02(a)(ii), and 1306.02(a)(ii) for the requirements for a §1(b) basis for collective and certification mark applications.

See also TMEP Chapter 1100 for additional information about intent-to-use applications.