Frequently Asked Questions

What are the trademark application requirements?

A trademark application must include the following elements: There are two bases for filing a trademark application in the United States: current use and intent to use.

In use: If you arebasing your trademark application on “current use”, you must includea sworn statement (usually in the form of a declaration) that the mark is inuse in commerce, listing the date of first use of the mark anywhere and thedate of first use of the mark in commerce. You must also include a specimen showing the use of the mark incommerce.  For specimen of goods, the mark must appear on the goods, thecontainer for the goods, or displays associated with the goods, and the goodsmust be sold or transported in commerce. For specimen of services,the mark must be used or displayed in the sale or advertising of the servicesand the services must be rendered in commerce.


Intent touse: If you have not yet used the mark, but plan to do so in thefuture, you may file an application based on a good faith intention to use themark in commerce. You do not have touse the mark before you file your application.  An "intent to use" application mustinclude a sworn statement (usually in the form of a declaration) that you havea bona fide intention to use the mark in commerce.