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What is a Filing Basis?

When filing a trademark application in the United States, a “Filing Basis” must be selected. You can select from four possible options:

1. “Use in Commerce” basis

If you are currently using your trademark in the United States, we will file your application on a “Use in Commerce” basis.

In this case, you will need to provide the date of first use and also send proof that the mark is being used in the United States. Acceptable proof of use (also called “specimens of use”) might be: a page from a website, an advertisement, a brochure or a pamphlet that describes the product/service and shows the trademark. Labels, tags or packaging are also considered acceptable proof of use for a trademark.

2. “Intent to Use” basis

If you are not using your trademark in the United States, we can still file your application on an “Intent to Use” basis. In this case, your application will be processed normally, but once it is accepted for registration (approximately 10 months after the filing date), you will be required to show proof that the trademark is being used. In order to do this, we will file a “Statement of Use,” in which we present the proof of use to the Trademark Office. This will be considered as a separate service and has a cost of US$ 300 per application, for the first class and US$ 230 for each additional class.

Note: If you are not able to provide the proof of use by the deadline, you can request an extension every six months (for up to 3 years from the acceptance notification).  

3. “Foreign Registration” basis

If your trademark is registered in another country, we can file your application on a “Foreign Registration” basis. In this case, no proof of use is required for the registration to be granted.

For this kind of application, you will be required to send a scanned copy of the foreign Registration Certificate, along with a translation signed by the translator.

4. “Foreign Application” basis

If your trademark has been filed in another country in the last six months, we can file your application on a “Foreign Application” basis. In this case, additional information will be needed once the trademark is accepted for registration. You will need to provide either the foreign Registration Certificate of the trademark or proof of use in the United States.

For all of these cases, a Declaration of Use must be submitted between 5 and 6 years from the registration date.

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