How Much "Intent" Is Enough To Support An "Intent To Use" Trademark Application?

For many years now, the US Trademark Office has accepted trademark applications based upon a "bona fide intent to use" the applied-for mark on all the goods and/or to provide all of the services listed in the application at the time of filing.  Unlike in many other countries, a US application based on "intent to use" will not mature to registration until proof of use of the mark on all the goods and to provide all the services in the application has been filed with and accepted by the Trademark Office. The legislative history behind these statutory requirements makes clear that Congress wanted to prevent the warehousing of marks that no one had any real plans to use.

When an application is filed, the applicant must have an authorized representative sign, under penalty of criminal perjury, a declaration attesting to the fact that it has a "bona fide" intent to use the mark. The Trademark Office does not require proof of this intent at any point during the prosecution