What Types of US Trademark Registration Are Available?« Back to Previous Page

US Trademark Registration can be based on different filing grounds, depending on whether the trademark is already in use and the applicant's business situation. In general, there are four common types of filing bases for a U.S. trademark application.

4 Types of US Trademark Registration

1. US Trademark Registration Based on Use in Commerce

This type of US Trademark Registration applies when the trademark is already in use in U.S. commerce.

The applicant generally needs to:

• Confirm that the trademark is currently used in commerce.
• Provide the date of first use of the mark.
• Provide the date of first use in commerce.
• Submit a specimen showing how the trademark is used on the relevant goods or services.

If the application covers multiple goods or services, the applicant may need to provide the required information for each relevant class.

2. US Trademark Registration Based on Intent to Use

An Intent to Use application applies when the trademark is not yet in use in the United States, but the applicant has a genuine intention to use it in the future.

The applicant must confirm a bona fide intention to use the trademark. However, the applicant will later need to submit evidence of actual use before the USPTO completes the registration process.

In many cases, the applicant receives a six-month period to file a Statement of Use. Extensions may also be available if requested on time.

3. US Trademark Registration Based on Foreign Registration

This filing basis may apply when the applicant has already registered the trademark in its country of origin and wants to seek protection in the United States.

The applicant generally needs to provide:

• A valid foreign trademark registration.
• Information showing the applicant's name and the trademark.
• Details of the relevant goods or services.
• An English translation if the registration documents are not in English.

Under certain conditions, the applicant may not need to show actual use of the trademark in U.S. commerce before registration.

4. US Trademark Registration Based on Foreign Priority

Foreign Priority allows an applicant to claim the filing date of an earlier trademark application in its country of origin.

Generally, the applicant must file the U.S. application within six months of the first foreign application. The applicant must also provide information about the earlier filing, such as the filing date, application number, and country.

However, a foreign priority claim alone may not be enough to support registration. Before registration, the applicant may need to establish another valid filing basis, such as actual use, intent to use, or foreign registration.

Other Requirements for US Trademark Registration

When applying for US Trademark Registration, applicants may also need to prepare several supporting documents and details, including:

• Applicant identification documents or business registration information.
• A list of the relevant goods or services.
• A clear trademark image or representation.
• Application and authorization documents, where required.

For businesses unfamiliar with the U.S. trademark process, IngStart can also provide support for international business needs, including U.S. company registration and related compliance services.

Conclusion

There are four common filing bases for US Trademark Registration: use in commerce, intent to use, foreign registration, and foreign priority. The right option depends on the trademark's current status and the applicant's plans.

Therefore, before filing, applicants should choose the appropriate basis and prepare the required information carefully. This can help reduce unnecessary delays and support a smoother registration process.