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Three types of application for federal registration

  1. Applicants who are already using the trademark in the marketplace may file based upon that use (called "use in commerce").
  2. Applicants who are not currently using the mark but have an intent to use the trademark in the marketplace may file based upon their "intent to use" in commerce.  The intent to use must in the ordinary course of trade and not simply to reserve that trademark.
  3. Finally, under some international agreements, an applicant from outside the United States may file in the United States based upon an application or registration in another country.