US Trademark system adopts principle of first to use, and there are three filing basis:
- Used in commerce - the applicant can file the US Trademark application under this section if the mark has been used in commerce within USA by submitting evidences of use at filing and indicating the first date of use in commerce.
- Intent to use- the applicant can file the US Trademark application on this basis if the mark has not been used in commerce within USA. The evidences of use can be submitted after the US trademark application is allowed.
- Foreign registration- The applicant can file US Trademark application on this basis if the identical mark has been registered in other countries by submitting certified certificate of registration