Actual Use

The U.S.trademark system is use-based. The use plays numerous roles in in how it intertwines with trademark law. First, to obtain federal trademark registration, one must use a mark "in commerce" to comply with the constitution. Second, use determines trademark ownership. To have trademark rights, one must have been the first to use the trademark. Thus, federal registration is not needed to obtain trademark rights. Federal registration does provide numerous benefits, for example:

• Constructive notice to the public of the registrant's claim of ownership of the mark;
• A legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• The ability to bring an action concerning the mark in federal court;
• The use of the U.S. registration as a basis to obtain registration in foreign countries; and
• the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods

Intent to Use

Actual use is not needed for federal registration. If you have yet to use a mark, you can file an application based on your intent to use a particular mark. Essentially, with an intent to use application, you are reserving your right to that trademark. This can be very beneficial because of the expenses involved in building your company and your brand. You would not want to expend all the time and effort and have someone use your desired trademark just before you do and lose all potential rights. Fruther, with an intent to use application, you could have the Trademark Office's approval before you use the mark, saving you a the risk of a rejection after you have already begun your use.