filing basis

the legal basis for filing an application for registration of a mark. The Trademark Act sets out five filing bases, and an applicant must specify and meet the requirements of one or more bases before the mark will be approved. The five bases are:

  1. use of a mark in commerce;
  2. bona fide intention to use a mark in commerce;
  3. a claim of priority, based on an earlier-filed foreign application;
  4. registration of a mark in the applicant’s country of origin; and
  5. extension of protection of an international registration to the United States under the Madrid Protocol.