US Trademark Filing Basis

September 18, 2019

US Filing Basis

As one of the worlds biggest marks, a US trademark is crucial for any foreign firm with worldwide ambitions. However, due to the amount of applications in the US, the applicant must demonstrate that the mark has been used in commerce. This is known as the filing basis. At the time of the application, there are four ways in which the filing basis may be designated;


  • Use In Commerce;

If the trademark is currently being used in business in the US, this is how your trademark will be filed. In order to do so, evidence must be provided showing the use. This may be from a website, packaging, advertisment etc.


  • Intent to Use;

If you are not yet using the mark in the US, you may file on the basis of your intent to use the mark. Once the mark has been accepted for registration (usually within ten months), you will then be required to show proof the mark is being used. If at this time you are unable to show use, you may request an 6 month extesion, for upto 3 years. An application with intent to use incurrs a stautory fee of $120.


  • Foreign Registration

If you have the trade mark registered in another country, you may file on this basis. No proof of use if required. For this application, a scanned certificate of the registration certificate is required.



  • Foreign Application;

If within the last 6 months, an application has been made, the filing can be based upon this. Once the trademark certifate comes through, you must provide this, or show intent to use in the US.


With our US office, BKIP can help secure your trademark registration within the US, at competitve fees. Please enquire today for your free intial advice.


Posted in