What is a filing basis?

A filing basis is the legal foundation that supports a trademark application.

Common filing bases include:

• Use in commerce
• Intent to use

A trademark application is a legal filing. Important information includes the correct owner, the mark itself, the goods or services, the filing basis, contact information, and—when required—evidence showing use of the mark in commerce. Errors in ownership, filing basis, or the identification of goods and services can create delays and, in some situations, may not be fully correctable after filing.

The filing basis explains why the applicant is entitled to apply. Two common U.S. bases are 'use in commerce,' for marks already being used in qualifying commerce, and 'intent to use,' for applicants who have a bona fide—meaning genuine and good-faith—intention to use the mark in commerce in the future.

Example: A business already selling products under a mark may file based on use in commerce. A business that has not launched yet but has a genuine plan to use the mark may file on an intent-to-use basis and prove use later.