T.M.E.P. § 1102
Initial Examination of Intent-to-Use Applications

Executive summary:

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1102 Initial Examination of Intent-to-Use Applications

In an intent-to-use application, the examining attorney will potentially examine the application twice: first, when it is initially filed based on a bona fide intention to use the mark in commerce under 15 U.S.C. 1051(b), and second, when the applicant files an amendment to allege use under 15 U.S.C. 1051(c) or a statement of use under 15 U.S.C. 1051(d). After receipt of the application, the examining attorney will initially examine the application to determine whether the mark is eligible for registration but for lack of evidence of use. If the mark is determined to be eligible, the mark will be approved for publication and published for opposition. If the applicant has not submitted an amendment to allege use before approval for publication, and the application is not successfully opposed, the Office will issue a notice of allowance. 15 U.S.C. 1063(b); 37 C.F.R. 2.81. In such a case, the applicant must submit a statement of use. 15 U.S.C. 1051(d)(1); 37 C.F.R. 2.88.

The intent-to-use application is subject to the same requirements and examination procedures as other applications, except as specifically noted. The examining attorney must raise all possible issues in initial examination, without regard to whether the applicant will file an amendment to allege use or statement of use.