Under either basis, prior to registration you must demonstrate that you have used the mark in commerce in connection with all the goods/services listed in your application by submitting an acceptable specimen. The basic difference between these two filing bases is whether you have started to use the mark on all the goods/services. If you have already used your mark in commerce in connection with all the goods/services listed in your application, you may file under the “use-in-commerce” basis. If you have not yet used your mark, but intend to use it in the future, you must file under the “intent-to-use” basis. An “intent-to-use” basis requires filing an additional form and fee that are unnecessary if you file under “use in commerce.” For information on the additional form, see the “HOW TO ESTABLISH USE OF THE MARK FOR AN “INTENT-TO-USE” APPLICATION” section on page 28. It is also possible to file an application wherein some of the goods/services are in use and others are intent to use, but the application must clearly identify this.
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