Can I assign or transfer an intent-to-use application to another entity prior to using the trademark?

The general rule is that an applicant cannot transfer an intent-to-use application to another entity before the applicant submits evidence of use to the USPTO. So, we recommend filing an intent-to-use application under the name of the company under which you intend to sell the identified goods or services, and not under the name of any individual.

The exception to this rule is that an intent-to-use application may be assigned, prior to use of the trademark, to a successor to the applicant’s business, or portion of the business to which the trademark pertains, if that business is ongoing and existing. Therefore, a trademark assignment of an intent-to-use application should include language stating that the trademark is being assigned as part of the entire business or portion thereof to which the trademark pertains.