Inventors often come up with clever names for their inventions and want to register them. Unfortunately, a requirement for trademark registration is that that mark be used in interstate commerce. Yes, I said interstate commerce.
If a mark for a good or service is only being used within a state, it cannot be placed on the principal register at the USPTO.
If the mark is not yet used across state lines but will be, do not fear. The USPTO allows applicants to start the registration process as intent to use. With the payment of fees an applicant can delay in commerce proof for up to 3 years.
Thus, intent to use operates similar to a provisional patent application but with 3 times the grace period.
Note that the views expressed are my own and are not legal advice.
