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The Trademark Law Revision Act ("TLRA") was championed as an innovation in American trademark law' when it was enacted by Congress in 1988.2 This law represented not only the "first comprehensive revision of the Lanham Act3 since it was adopted in 1946," 4 but also a departure from the Lanham Act's traditional use-based trademark system.5 This departure was the result of a new system of trademark registration6 based on intent to use a mark rather than on actual use of a mark.7 Prior to the passage of the intent-to-use ("ITU") registration provisions, a trademark owner could accrue common law or registration rights only after the mark was actually used in commerce.8 Currently, with the ITU option, one can start the registration process by merely claiming an intent to use the mark.9 The ITU application process allows applicants to clear the procedural hurdles of registration prior to making a significant monetary investment in a mark.1°

Remedy Holes and Bottomless Rights: A Critique of the Intent-to-Use System of Trademark Registration