What is use in commerce of filing trademark in USA

Trademark in USA, USA Trademark

What is use in commerce of filing trademark in USA

  1. Trademark in USA, USA Trademark

    Trademark in USA, USA Trademark

    Questions of Trademark in USA.

Dear Sirs,

Our client would like to register a trademark in USA based on “use in commerce”, so could you please advise us procedures, process and any charges and fees for filing a trademark application? When do we have to file an Allegation of Use?

Our goods are Downloadable computer software for designing, building, processing and displaying website content.


  1. Answered by AAA IPRIGHT

Dear Sirs,

Thanks for your e-mail below. It would be our pleasure to assist you with trademark application in US.

Client is required to submit Specimen of use while filing. There is no additional charge for submitting specimen on the basis of use. (But if based on intent to use, there is.)

Regarding the goods “Downloadable computer software for designing, building, processing and displaying website content”. I suppose it relates to class 9 only. Kindly note that there is no such description in US ID Manual. Client may change this item into:

①Computer software platforms, downloadable, for {indicate function or use}, here can be “Computer software platforms, downloadable, for designing, building, processing and displaying website content”;

②Downloadable software for {specify the function of the programs, e.g., for use in database management, for use as a spreadsheet, for word processing, etc. and, if software is content or field-specific, the content or field of use}, here can be “Downloadable software for designing, building, processing and displaying website content”;

③Downloadable computer software for word processing;

④Computer-aided design (CAD) software for general use..

As for the SOU, client can provide the download link.

–  Registration procedure of trademark in USA

Filing-examination (6-8 months)-publication (30 days)-registration.

The whole process takes 9-12 months for a smooth case and based on use.

–  Required documents of trademark in USA

1) Name and address of the applicant;

2) Representation of trademark;

3) List of goods/services;

4) (Based on use) please also specify date of first use in USA and elsewhere around the world and provide evidence of use.

Fee of trademark in USA you can see here.

You can send us the goods list if possible, we will assist to check the items and give our suggestion.

Hope to hear from you.

Best regards,



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