Trademark Filing Basis

Trademark Filing Basis: Things to know

Trademark filing basis defines the basis with respect to which you file a Trademark application. It is necessary to define the filing basis while filing for a Trademark to clarify the motive of the Trademark. There are different requirements for every Trademark filing basis and you must follow those requirements to pursue the registration process.

Trademark filing basis: Types and requirements

There are different types of Trademark filing basis according to different situations. Each filing basis has its own criteria and requirements. Mostly it depends upon the product usage and international policies. Some general types of Trademark filing basis are:

1. ‘Use in Commerce’ basis

It is used when you are using the mark commercially at present.

The requirements for filing under ‘Use in Commerce’ basis are the date of first use and proof that you are currently using the mark in the respective country. The proof or ‘Specimens of use’ can be in the form of a website page, advertisement or declaration that defines the product/good and shows the trademark. Tags, logos and packaging are also accepted as proof.

2. ‘Intent to Use’ basis

This type of Trademark filing basis is used when you have future plans of using the mark commercially.

To file the Trademark under ‘Intent to use’ basis you have to go through a common registration process. It is necessary to show the proof of using the Trademark in the market after the application gets accepted for registration (generally after 10 months from the filing date). Also, you file a separate “Statement of use” to present the ‘proof of use’ to the Trademark office.

3. ‘Foreign Registration’ basis

You can file the application on ‘Foreign Registration’ basis if your Trademark is registered at another country. Therefore, the filing application requires no ‘proof of use’.

However, a scanned copy of registration certificate from the respective country and a translation approved by the translator are the only required things.

4. ‘Foreign Application’ basis

‘Foreign Application’ basis is included when you want to claim priority for a Trademark application already filed in another country. However, there can’t be a delay of more than 6 months between the filing of both the applications.

Additionally, you need to submit the date of filing, serial number and a verified declaration to genuinely use the mark commercially. Also, you need to submit an agreement form between the native country and the country for which you have filed the application.

Also read: Trademark Filing Timeline

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