What does "Filing Basis" mean in the context of registering a trademark in the USA?

When you apply for a trademark in the U.S., you need to select a "Filing Basis." There are four main choices:

• "Use in Commerce" Basis: Choose this if you're already using your trademark in the U.S. You'll need to provide the date you first used it and show evidence, like website pages, ads, brochures, or product labels.

   

• "Intent to Use" Basis: If you haven't used your trademark in the U.S. yet, select this option. After your application is accepted (usually in about 10 months), you'll need to submit a "Statement of Use" to show proof. If you need more time, you can request extensions every six months, up to three years from acceptance.

  
   

• "Foreign Registration" Basis: If your trademark is registered in another country, you can apply in the U.S. without showing proof of use. You'll need to provide a copy of the foreign registration and a verified translation.

  
   

• "Foreign Application" Basis: If you applied for your trademark in another country within the last six months, you can apply in the U.S. under this basis. Once accepted, you'll need to provide additional information, like the foreign registration or proof of use in the U.S.

  
   

For all options, you must submit a Declaration of Use between the 5th and 6th year after registration.