What Is An “Actual Use” Application?

The actual use of a brand is important while registering your trademark. USPTO will ask whether you already used the mark when you submitted your brand for registration. 

It is proper to submit an “Actual Use” (AU) application if you began selling your branded goods in the United States because you are “actually using” the mark in U.S. commerce. 

“Actual usage” is a legal word that isn’t always clear about what is (and isn’t) allowed. 

For instance, if we wanted to register the trademark Beauty Footy for cosmetics(003), the following would be true (see the attached picture).

You will be required to swear under oath that the goods specified in the application have been sold in US commerce. You should know the dates of the first sales. This information will be included in the application.