Trademark Applications based on Use in Commerce

registered trademark brand sign 98574

Richard Rimer

January 10, 2022

Many business owners want to protect their brands. This sounds simple until you review the process. For example, you must claim a filing basis for your application to be reviewed. There are at least four bases you can choose, and each one sets a different path to registration. I understand these nuances and can help you pick the filing basis that best fits your brand protection strategy.

The most well-known basis is “Use in Commerce.” This basis applies to applications for brands already being offered for sale. There are traps which might make this the wrong choice.

Avery opened his bar and grill in spring 2019. Actually, he opened the restaurant in the spring, but the bar had to wait six months for licensing. He filed an application based on use in commerce in May 2019 and received a registration in September 2020. His registration is being challenged because he was not offering bar services at the time he filed his application.

I want to meet your solopreneur friend who is part of the great resignation. Tell them you know a guy who knows how to protect his new brand the right way.