There are 4 application bases for US single-country registration:
1. Actual use basis.
For applications based on "actual use", the applied trademark has been actually put into commercial use in the United States.
For merchandise, the mark must appear on the merchandise (e.g., a tag or tag), the merchandise container, or be displayed with the merchandise. For services, the trademark must be used in connection with the sale or advertising of the services. Based on actual use needs, provide the date of the first use of the mark anywhere and the date of the first use of the mark in commerce and provide samples of how to use the mark in commerce.
2. Intentional use basis.
If you have not yet used the trademark but intend to use it in the future, you can apply based on "intention to use".
After the trademark application based on intention to use passes the substantive examination and there are no objections related to the application, the USPTO will generally issue a Notice of Approval (NOA) approximately 8 weeks after publication. The NOA indicates that the mark has been permitted, but does not indicate that it has been registered. As for applying for registration in the next step, within 6 months of the date of issuance of the NOA, the applicant needs to provide the date of the first use of the mark anywhere and the date of the first use of the mark in commerce and provide how to Sample of commercial use of this mark. If evidence of use cannot be provided before the six-month period following the NOA notification expires, the applicant may submit a request for an extension to submit a statement of use. One extension is for 6 months and can be extended up to five times.
3. Basics of foreign registration.
According to international agreements/treaties, the trademark registration in the country of origin can be used as the basic application on the filing date. It should be noted that for a U.S. application based on a foreign registration, the scope of goods/services of the trademark must not exceed the scope of goods/services in the foreign registration.
4. Foreign application basis (also called "foreign priority basis").
Applicants may file a U.S. trademark application based on a claim of priority based on a previously filed foreign application within 6 months of the filing of the foreign trademark application.
At the application stage, basic information about priority (filing date and application number of the foreign application) needs to be stated. The scope of goods/services designated by the trademark applied for in the United States must not exceed the scope of goods/services in the foreign application.