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What is the use-in-commerce basis?

Senior Trademark Attorney

The use-in-commerce basis (basis 1a) is a trademark filing option for brands that are already in commercial use in the US market at the time of filing. To file on this basis, the applicant must submit a specimen demonstrating that use alongside the application.

An applicant who files on a use-in-commerce basis does not need to submit a Statement of Use later in the process, since use is already demonstrated at filing. This makes it the simpler option for applicants who are already selling in the US market.

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