The U.S. trademark system is built around the principle that trademark rights arise from use of a mark in commerce, not merely from filing an application.
For businesses seeking protection in the United States, understanding the difference between use-based filings, intent-to-use applications, specimens, and Statements of Use is essential.
These requirements, established under the Lanham Act and implemented by the United States Patent and Trademark Office, ensure that registered trademarks reflect marks that are actively used in the marketplace.
