Frequently Asked Questions

What is the difference between a "use in commerce" trademark application and an "intent to use" trademark application?

Thebasic difference between these two filing bases is whether you have started touse the mark on all the goods/services. If you have already started using your mark in commerce, you may fileyour application under the “use in commerce” type of filing.   If you have not yet started using your markin commerce, but intend to use it in the future, you must file your applicationunder the “intent to use” type of filing. Under either types, prior to receiving trademark registration, you mustdemonstrate that you have used the mark in commerce.   With the “intent touse” type filing, you can later submit a proof of use of your trademark toperfect your rights (e.g., approximately $79 plus a government fee $100).   Trademarkia makes the process very easy for you, just click here to get started in applying for your trademark.