The correct filing basis depends on whether you are already using your trademark in U.S. interstate commerce.

• Actual Use (Section 1(a)) is appropriate if you are already selling your products or providing your services under the trademark in U.S. interstate commerce. When filing, you must provide a specimen (proof of use) and the dates the trademark was first used.
• Intent to Use (Section 1(b)) is appropriate if you have not started using the trademark yet but have a genuine intention to do so in the near future. This allows you to secure an earlier filing date while you prepare to launch your business. However, your trademark will not register until you begin using it and file proof of use, called Statement of use, with the USPTO, together with the required government fees.

If you are unsure which filing basis applies to your situation, we will help you choose the most appropriate option before filing your application.