Intent to Use-Based Application Law and Legal Definition

Intent to use-based application is the application for registration of a trademark that is not yet being used in commerce. Trademark law in the U.S. provides for the filing of trademark applications to protect trademarks which are not yet in use. The law will allow for filing of a trademark application, with the benefit of constructive use and priority, based upon the bona fide intent to use a mark. Bonafide intent to use should be sworn in a trademark application. Such an application is called intent to use based-application. This application affords an opportunity to see if the U.S. Patent and Trademark Office (USPTO) registers the mark before investing in marketing and promoting the mark. It also helps to secure an early priority date.