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Question

Can I have an 'actual use' application converted to an 'intent to use' application?

I filed an 'actual use' trademark application, thinking that the way I used the trademark was sufficient to be considered actual use. (Yes, I know I should have had a trademark attorney file the application.) Anyway, as it turns out, I have found out that I am not yet using it in a way that qualifies to be considered 'actual use.'

So the question: Is it possible for a trademark attorney to have my 'actual use' application converted to an 'intent to use' application? Or do I have to start over, just filing a new intent to use application?

Thank you!

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