BASIS FOR FILING

The application should include your “basis” for filing. Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.

What is “use in commerce”?

For the purpose of obtaining federal registration, “commerce” means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. “Use in commerce” must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:

For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.

For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.

If you have already started using the mark in commerce, you may file based on that use. A “use” based application must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.

What is “intent to use”?

If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.

An “intent to use” application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement.

NOTE: If you file based on intent to use, you must begin actual use of the mark in commerce before the USPTO will register the mark; that is, after filing an application based on “intent to use,” you must later file another form (“Allegation of Use”) to establish that use has begun. See “Additional Requirements for ‘Intent to Use’ Applications” for more information

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for the state of Colorado, the following:

(d) Malt liquors produced pursuant to this subsection (2) may be transported and delivered by the producer to any licensed premise where consumption by persons over the age of twenty-one is authorized for use at organized affairs, exhibitions, or competitions, such as home brew contests, tastings, or judgings. Consumption shall be limited solely to the participants in and judges of such events. Malt liquors used for the purposes described in this paragraph (d) shall be served in portions not exceeding six ounces and shall not be sold, offered for sale, or made available for consumption by the general public.

So I’m wondering if I label my beer and take it to a homebrew meeting for use at an organized affair, as is legal in CO, does that show that “the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.”?

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Trademark ID Manual Field Codes Code & Name Examples
[IC] Class Code Ex: “001”[IC]
[GS] Goods or Services (G/S) Ex: G[GS]
[ED] Effective Date Ex: “20010601”[ED]
[DE] Descriptions Ex: computer[DE]
[ST] Status (A, M, D) Ex: A[ST]
[NT] Note  Ex: deleted[NT] 
[TL] Trilateral  Ex: T[TL] 

IC – Identification Codes

021 Beer jugs  A 02 Apr 91 G N
021 Beer mugs  A 02 Apr 91 G N T

025 Short-sleeved or long-sleeved t-shirts  A 20 Jul 04 G N T
025 T-shirts  A 02 Apr 91 G N T

032 Beer  A 02 Apr 91 G N T
032 Beer wort  A 02 Apr 91 G N
032 Beer, ale and lager  A 22 Nov 07 G N T
032 Beer, ale and porter  A 22 Nov 07 G N T
032 Beer, ale, lager, stout and porter  A 22 Nov 07 G N T
032 Beer, ale, lager, stout, porter, shandy  A 22 Nov 07 G N
032 Beer-based coolers  A 01 Oct 94 G N
032 Black beer [toasted-malt beer]  A 20 Jul 04 G N T
032 Brewed malt-based alcoholic beverage in the nature of a beer  A 12 Apr 99 G N
032 Coffee-flavored beer  A 12 Apr 99 G N
032 Extracts of hops for making beer  A 02 Apr 91 G N
032 Ginger beer  A 02 Apr 91 G N
032 Hop extracts for manufacturing beer  A 20 Jul 04 G N T
032 Imitation beer  A 20 Jul 04 G N T
032 Malt beer  A 02 Apr 91 G N
032 Malt liquor [beer or ale]  M 15 Mar 93 G N
032 Non-alcoholic beer  A 02 Apr 91 G N
032 Pale beer  A 02 Apr 91 G N
032 Porter [beer]  A 02 Apr 91 G N

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