Use-Based Application Law and Legal Definition

There are 4 filing bases on which an application may be based such as:

1. use of the mark in commerce,

2. an intent-to-use the mark in commerce,

3. filing based on a pending foreign application, and

4. filing based on a foreign registration.

Applicants who file on the basis of use in commerce should use the mark that is to be registered with the goods or services prior to or at the time of filing the application. The applicant must submit the following four items to base the application on the applicant’s use of the mark in commerce :

1. a statement that the mark is in use in commerce and was in use in such commerce on or in connection with the goods or services listed in the application on the application filing date,

2. the date of the applicant’s first use of the mark anywhere on or in connection with the goods or services,

  • 3. the date of the applicant’s first use of the mark in commerce as a trademark or service mark, and

  • 4. one specimen for each class showing how the applicant actually uses the mark in commerce.

    When the specimen is not filed with the initial application, applicant must submit a statement that the specimen was in use in commerce at least as early as the application filing date. These items must be verified by the applicant, supported either by an affidavit or by a declaration.