Are there different types of registration of trademarks?
Q: Are there different types of registration of trademarks?
A: Yes, there are two types of registration, an “actual use” registration and an “intent to use” registration.
The “actual use” registration is used when you have already been using the trademark. For registration, you are required to submit proof of your use of the trademark. For goods, this could be a label, packaging or a product display. For services, it could be examples of advertising using the trademark. You will also be required to submit an affidavit indicating the date you first started using the trademark anywhere and the date you first started using the trademark in interstate commerce (these could be the same date).
The “intent to use” application is used when you have decided on a trademark but haven’t actually sold any goods or services. With an “intent to use” application, you are required to eventually file a “statement of use” when you first sell the goods or services. A statement of use or a request for extension must be filed every six months. You are able to file up to five extensions, so in effect you could file the application up to three years before you actually use the trademark.
