Paralegal Advanced Competency Exam (PACE) Practice Exam

What is needed to file an intent-to-use application for a trademark?

1. Proof of the trademark's market success

2. Evidence of actual use in commerce

3. A description of the trademark that will be used

4. Demonstration of existing popular use

The correct answer is: A description of the trademark that will be used

To file an intent-to-use application for a trademark, a description of the trademark that will be used is required. This description is essential as it allows the United States Patent and Trademark Office (USPTO) to understand what the trademark consists of and how it will be represented in commerce. The intent-to-use application indicates that the applicant has a bona fide intention to use the trademark in connection with the specified goods or services in the future. While other options reference the use of the trademark or its market success, they do not align with the requirements for an intent-to-use application. Unlike a regular trademark application, which requires proof of usage in commerce, the intent-to-use application focuses on the applicant's intention to use the trademark and requires the descriptive details to ensure clarity and proper classification of the trademark.