• Trademark rights have traditionally been restricted to marks actually used in trade, but a 1988 amendment to the Lanham Act permitted applications to be filed before actual use begins if the mark otherwise qualifies for the Principal Register. 15 USCA § 1051(b). See PRINCIPAL REGISTER. [Cases: Trade Regulation 212. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 176–177.]
intent to use application
An application filed with the U.S. Patent and Trademark Office to protect a trademark or servicemark that is not currently in commercial use but whose owner has a bona fide intent to use the mark commercially in the foreseeable future.
