Trademark Applications based on Dual FIling Bases


Richard Rimer

January 24, 2022

The most recent posts mentioned several filing bases you can use to get an application accepted in the US.  I’ve mentioned that these filing bases have different paths to registration, and that there are various traps in each method.  What if I told you I can eliminate some of those traps?

One option is to base your US application on multiple filing bases.  In one common scenario, clients base their application on an intent to use and use in commerce.  This allows them to capture many items in one application, and still gain the efficiencies of the use in commerce basis.

The US trademark system is complex.  It combines many of the benefits of the old British system along with the sophistication of the modern systems.  Like flipping an omelet, the results are fabulous when it is done well and super messy when it isn’t.

I want to meet your chef friend who sells products to local stores now and dreams of having a restaurant in the near future.  Ask her what her signature dish is, then tell her your friend can cook up a great trademark omelet.