What differentiates "intent to use" from "use in commerce" for trademarks?

The concept of "intent to use" is distinct from "use in commerce" primarily based on the stage of trademark usage and registration process. "Intent to use" signifies that the applicant has a bona fide intention to use the trademark in the future for goods or services. It allows applicants to secure rights in a trademark before they actually begin using it in commerce. This is particularly beneficial as it protects the trademark from being registered by others during the time it is in the planning phase.

On the other hand, "use in commerce" refers to actual use of the trademark in the marketplace. This means that the goods or services associated with the trademark have been sold or transported across state lines, fulfilling the requirement of actual trade and usage which establishes trademark rights in a more immediate sense. The key differentiation lies in the application process: "intent to use" is for those who plan to use the mark, while "use in commerce" is about marks that are already being utilized in business activities.

The other options do not accurately capture the definitions or contexts of these terms. Understanding each term's specific legal implications is crucial for trademark registration and protection strategies.