The basic difference between these two filing bases is whether you have started to use the mark on all the goods/services. If you have already started using your mark in commerce, you may file your application under the “use in commerce” type of filing. If you have not yet started using your mark in commerce, but intend to use it in the future, you must file your application under the “intent to use” type of filing. Under either types, prior to receiving trademark registration, you must demonstrate that you have used the mark in commerce. With the “intent to use” type filing, you can later submit a proof of use of your trademark to perfect your rights (e.g., approximately $379 plus a government fee $100). Trademarkia makes the process very easy for you, just click here to get started in applying for your trademark.
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