What does the term "Filing Basis" refer to in the context of trademark registration?

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When submitting a trademark application in the United States, you must choose a "Filing Basis." There are four primary options available:

1. "Use in Commerce" Basis: This is applicable if you're actively using your trademark in the U.S. In this scenario, we file your application under the "Use in Commerce" basis. You'll need to provide the date when you first used the trademark and submit evidence of its use in the U.S. This evidence, or "specimens of use," could include website pages, advertisements, brochures, pamphlets showcasing the product/service with the trademark, or labels and packaging for goods.

2. "Intent to Use" Basis: If your trademark isn't yet in use in the U.S., we can file under an "Intent to Use" basis. Your application will proceed normally, but upon acceptance (usually about 10 months after filing), proof of use must be provided. This is done through a "Statement of Use," submitted as a separate service. If you can't provide proof by the deadline, extensions are available every six months, up to a maximum of three years from the notice of acceptance.

3. "Foreign Registration" Basis: If your trademark is already registered in another country, we can file your U.S. application under a "Foreign Registration" basis. This method doesn't require proof of use in the U.S. for registration. You'll need to provide a scanned copy of the foreign Registration Certificate and a translation verified by the translator.

4. "Foreign Application" Basis: If you filed your trademark in another country within the past six months, we can file in the U.S. on a "Foreign Application" basis. Additional information will be required once the trademark is accepted for registration in the U.S., such as the foreign Registration Certificate or proof of use in the U.S.

For all options, a Declaration of Use must be submitted between the 5th and 6th year following the date of registration.