When applying to register a trademark, you must select a "basis" for your application. Typically, your application is either "use based," meaning that you currently use the mark in commerce, or "intent-to-use," meaning that you do not currently use the mark in commerce, but have a good faith intent to do so in the near future. An intent-to-use application will undergo the same examination as a use-based application. The difference is, with an intent-to-use application, you must file a "Statement of Use" after the mark is approved in order for it to mature from an application into a registration.
You must file a Statement of Use within six (6) months of your mark being approved. However, you can file up to five (5) requests to extend the filing period for an additional six (6) months. In the course of examining the Statement of Use, the Examining Attorney may identify issues that preclude registration of your mark. Any issues the Examining Attorney identifies will be described in an "Office Action," to which you must respond within six (6) months of receipt.
A "priority action" is a specific type of Office Action that is issued after the Examining Attorney has some informal communication with the applicant or the applicant's agent (e.g., your attorney), such as telephone conversation or email. This procedure is generally used when the issue that is preventing registration of the mark can be corrected with an amendment or explanation, and verification by the applicant is necessary. The procedure is as follows:
(1) The examining attorney calls or emails the applicant or the applicant's attorney and requests some specific action (e.g., an amendment or explanation);
(2) The applicant or the applicant's attorney specifically discusses the merits of the application with the examining attorney;
(3) The examining attorney prepares a priority action that addresses all requirements to put the application into condition for publication, including evidence to support such requirements; and
(4) The USPTO sends a copy of the priority action to the applicant.
Status Code 822 indicates that a priority action has been noted on your file, but the formal correspondence from the USPTO has not yet been mailed. No further action is needed on your part at this time. However, action may be required once you receive the formal document from the USPTO. For more information on the Trademark Application Process, visit:
For more information on possible grounds for rejection, visit:
For intent to use forms, visit:
For the USPTO's Intent-to-Use Application Timeline, visit: