Frequently Asked Questions

What is the difference between a "use in commerce" trademark application and an "intent to use" trademark application?

The basic difference between these two filing bases is whether you have started to use the mark on all the goods/services.  If you have alreadystarted using your mark in commerce, you may file your application under the“use in commerce” type of filing.   Ifyou have not yet started using your mark in commerce, but intend to use it inthe future, you must file your application under the “intent to use” type offiling.  Under either types, prior to receivingtrademark registration, you must demonstrate that you have used the mark incommerce.   With the “intent to use” type filing, you can later submit aproof of use of your trademark to perfect your rights (e.g., approximately $379plus a government fee $100).    Trademarkia makes the process veryeasy for you, just clickhere to get started in applying for your trademark.