Trademark Registrations: Filing the Right Application

Securing a federal trademark registration is one of the smartest moves an entrepreneur can make. If you’re building a business in Kansas City or Boulder, protecting your brand early can save you from costly legal battles down the road. If you’re ready to file a trademark application with the USPTO, you have two options to consider.

Learn more about trademarks in general here.

Actual Use Applications

An actual use trademark application is for marks that are already in use in commerce. This means the mark is actively being used to sell goods or services.

When filing an actual use application, you must include:

• The date you first used the mark in commerce
• A specimen showing how the mark is used in connection with goods or services

A specimen is proof of real-world use, such as a product label, a website screenshot marketing a service, or product packaging. The USPTO provides guidance on acceptable specimens, which you can review on their website.

Intent to Use Applications

An intent to use (ITU) trademark application is for marks that are not yet in use but will be in the future. Filing an ITU application allows you to claim rights before actual use begins.

Unlike an actual use application, an ITU application does not require a date of first use or a specimen at the time of filing. However, once the application is approved, you must submit a Statement of Use within six months, providing:

• The date you first used the mark in commerce
• A specimen showing actual use

If you need more time, you can request extensions in six-month increments (with additional fees), but the extensions are limited.

The main advantage of an ITU application is that it holds your place in line. If someone else files a confusingly similar mark after you, your application could block them from registration.

Application Fees

Trademark application fees vary based on filing type and the number of classes you register under. Learn more about trademark application fees here.

*This article is general in nature and is not legal advice.