US Trademark Application Types
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US trademark application consists of two most common types, that is to say, when filing for a US trademark, there are two routes to go. Whether you're actively in business or not will determine the form used. Filing the correct application with the USPTO is crucial to the validity of your mark. Therefore, it is important that you contact an attorney to help you determine the right application for you and your business’s needs.
Two Most Common Types of Trademark Applications
1. Use in Commerce.
Basically, this means that if you're claiming the mark is in use in commerce, you're telling the USPTO that the mark is actually being used either across state lines or between the US & another country.
Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce. If you have already started using the mark in commerce, you may file based on that use.
2. Intent to Use.
This means that an application filed based upon an intent to use a particular name. In other words, it is an application filed by an Applicant who is not yet using their trademark in commerce but has plans to do so in the future. Therefore, the question is whether you are using your mark in commerce.
This one is easy to understand -- if you haven't used the mark at all or if you've only made sales within one state, you'll file as an Intent to Use.
One important note: the USPTO will NOT register the mark until the applicant "begin(s) actual use of the mark in commerce and file an Allegation of Use.
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