Before the implementation of the Trademark Act Amendments of 1988, exclusive trademark rights in the United States could only be obtained by affixing a trademark label and actually using the trademark. Within the jurisdiction of common law, there are regional restrictions on the exclusive rights of trademarks. For trademarks registered in various states, the exclusive rights are only valid within each state. Federal law before 1988 stipulated that only when a trademark was used across state lines and registered could one obtain nationwide exclusive trademark rights.

The above-mentioned legal provisions on trademark exclusive rights are still valid. However, the 1988 Trademark Law Amendment stipulates that in addition to the principle of actual use, trademarks with a basis for constructive use can also obtain temporary exclusive rights.

According to the 1988 Trademark Law Amendment Act, it is allowed to submit registration applications for trademarks that are "ready for use".

However, this application must be based on a "honest intention to use a certain trademark in the commercial field and a situation that reflects the actor's good reputation." In fact, the applicant has used the trademark since the date of filing the application and obtained temporary trademark exclusive rights, thus protecting the trademark for a period of time. Beijing WTO Affairs Information Network