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Does the use of a trademark have to be claimed before registration is granted or issued?

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Written by Tomas Orsula

Senior Trademark Attorney

In most jurisdictions, you don't have to provide proof of use before filing your trademark application. The only exception is the US, where the applicant has to submit a so-called specimen proving that the goods or services sold under the given brand can be purchased/accessed in the US.

The USPTO offers two types of filing bases:

  • "use in commerce" basis for businesses already commercially active in the US market. Such companies have to provide the specimen at the time of submission.
  • "intent to use" basis for businesses planning to launch in the US market. If you file with an Intent to use, you will be asked to provide the specimen later, approximately one year after filing.

You can find examples of specimen in our article Intent to use versus use in commerce (US).

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