Trademark and the Intent-To-Use Application

By Christopher Simmons, Law Clerk, Webb & Wolf

The following memorandum was prepared to answer the questions: What is an intent-to-use application? And, What constitutes trademark infringement.

Trademarks Generally 

A “trademark” is a distinctive mark, symbol, or emblem used by a producer or manufacturer to identify and distinguish his goods from those of others.  Ownership of trademark requires combination of both appropriation and use in trade, and thus, neither conception of mark nor advertising alone establish trademark rights at common law, but rather ownership of trademark accrues when goods bearing mark are placed on market. Continue reading