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What's the difference between the use-in-commerce and intent-to-use basis?

Senior Trademark Attorney

In the US, every trademark application must declare a filing basis: either the mark is already being used in US commerce, or the applicant has a genuine intention to use it there in the future.

A use-in-commerce application (basis 1a) is for marks already in active commercial use in the US market at the time of filing. The applicant submits a specimen showing the mark in use alongside the application.

An intent-to-use application (basis 1b) is for marks not yet in US commercial use. The applicant declares a genuine intention to use the mark in the US. After the application passes examination and the opposition period, the USPTO issues a Notice of Allowance, and the applicant then has a set window to submit a Statement of Use demonstrating actual US commercial activity.

Most IP offices outside the US do not make this distinction; applications can be filed without declaring a use basis.

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