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What is a filing basis?

Senior Trademark Attorney

A filing basis is the legal ground on which a US trademark application is made. The USPTO requires every application to specify one of the following:

Use in commerce (1a): the mark is currently in active commercial use in the US market.
Intent to use (1b): the mark is not yet in US commercial use, but the applicant has a genuine intention to use it there.
Foreign registration (44e): the applicant holds a registration for the same mark in their home country.
Foreign application (44d): the applicant has a pending foreign application and is claiming priority.
Extension of protection via Madrid Protocol (66a): the application is based on an international registration through WIPO.

The most common bases for most applicants are use in commerce (1a) and intent to use (1b).

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