When filing a Trademark application with the United States Patent and Trademark Office (USPTO), the applicant must assert that either the mark has been used in commerce, or that the applicant intends to use the mark in commerce. Differences in the type of filing and fees are of interest.

When asserting use in commerce, the mark must have visually appeared in some way in connection with the applicant’s offering of a good or service before the date of filing across two or more states. The applicant will have to provide a specimen showing how the mark was used.

When asserting intent to use, the applicant claims a bona fide intent to use the mark in connection with their offering of a good or service after the date of filing. Upon use of the mark, a supplemental Allegation of Use form must be submitted to the USPTO, for which an additional filing fee of $100.00 is assessed.

For more information see the USPTO link: http://tess2.uspto.gov/tmdb/tmep/0900.htm#_T901

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Labels: trademark application, trademark filing fees, trademark intent to use, trademark registration, trademark use in commerce