It should be noted that when applying for a U.S. trademark, you need to clarify the filing basis. There are four situations in total, namely, intent to use, actual use, based on foreign registration (Section 44 Application), and extended scope application (Section 66(a) Application).

(1) Intent to use: that is, the trademark is not actually used in the United States now, but will be put into use later. For applications under this intention to use, the relevant proof of use can be submitted within 6 months after the initial authorization, and can be extended for 6 months each time, not more than 3 years, and an additional fee must be paid.

(2) Actual use: that is, it has been put into use in the United States, and evidence of its use in the United States must be provided.

(3) Based on foreign registration: If the applicant has obtained registration for the same trademark in any country other than the United States, he can apply based on the foreign trademark and claim priority at the same time. The goods (services) applied for are the same (the scope of the application in the United States must be limited to the scope of the goods (services) registered in China), and a copy of the trademark registration certificate, registration date, etc. must be provided.

(4) Application for extension of scope: Similar to the application based on foreign registration, the difference is that the premise of the application for extension of protection is that the applicant has already registered the trademark in the home country, and this application basis is applicable. For example, if the applicant is a Chinese national, and the same trademark has been successfully registered in China, the goods (services) are the same (the scope of application in the United States must be limited to the scope of goods (services) registered in China), it is necessary to provide a copy of the trademark registration certificate, registration date, etc.