Google TrustRank trademark

There's a bunch of posts online discussing Google's new trademark application for the mark "TRUSTRANK." While most of the articles and information are very insightful, there is one glaring issue that most commentators have ignored. Almost everyone is referring to Google having a "registered trademark." One site muses:

TrustRank appears to be a bit different, because trademarks actually have to be used in order to be maintained. I've heard the argument made that Google must plan to use TrustRank if they've registered a trademark.

This is a little off the mark. Trademarks can be filed using several different manners- the most popular are "intent-to-use" and "use-based." With a "use-based" trademark application, you provide the first dates of use, and your trademark rights can extend back to that date. If you've been using the mark continually for at least 5 years, you can get a stronger trademark. The "intent-to-use" mark is just that: you have a bona fide intent to use the mark. For a trademark application to proceed to registration, it can be as fast as 1 1/2 years. It is often longer, and sometimes you can delay the application. To obtain a registered trademark from an "intent-to-use" trademark application, you have to prove that you are using the mark in commerce. If not, you can delay for up to 3 years having the mark proceed to registration (then the mark has to be in use or the application withdrawn.).

If you are planning on launching a new product or service, it is recommended to file an "intent-to-use" trademark application well in advance. You can point to your application filing date as a constructive "first use" date, and tie any trademark rights to that date. Trademark rights go whoever uses the mark first. You do not want to lose your mark because you neglected to file a trademark ahead of time.

So it looks like Google is just preparing to use the mark. They can start using it at any time. It's a good thing that Google is filing ahead of time, as in the past they used marks like "gmail" without checking to see if someone else had trademark rights for the mark.

The status of Google's application is online at the USPTO here.