What is the effect on conflicting users of filing an intent to use application?

In an intent-to use application, the application date becomes in effect the date of first use with respect to other conflicting users in the event that the application is ultimately allowed. Thus, an intent-to-use application will trump a third party that began actual use after the application filing date, but before the applicant’s actual use occurs.

This rule will not protect against an actual user whose use began prior to the application’s filing date.

See also…

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