In theory

[NodeWideLLC]

so I have a question..... If I become aware of a company that is planning to launch a new business... and I know they are gonna apply for a 1B Intent to Use but they have not yet established first use or any commerce under the name and I then register a name that matches what they intend to use and put up a site and establish first use and commerce under the name does that kill the businesses ability to get a full trademark since they then would not be able to establish first use or even first use in commerce?

 

[jberryhill]

Under those facts. No.

The entire point of a 1B application is to establish a constructive date of first use.