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Registering a Trademark 
Trademark rights are established by either actually using the mark in commerce or filing an application to register the mark with the U.S. Trademark Office. In other words, trademark rights arise from actual use of the mark. Federal registration is not required to establish rights. However, once registered, the owner of the trademark is provided with additional rights.
Once you decide to register a mark, your application can be filed based on actual use or intent to use the mark in commerce.
Actual use in commerce. For an application based on actual use, there must be a real use of the mark in the ordinary course of interstate commerce. For such an application, it is necessary that you indicate on what products the mark has appeared:
Goods: a mark for goods will be considered "actual use" when (i) the mark appears on the goods, the packaging/container for the goods or a display associated with the goods, and (ii) the goods are actually sold or transported in commerce.
Services: a mark for services is considered "actual use" when (i) the mark is used or displayed in the sale or advertising of services, and (ii) the services are actually rendered.
Intent to Use. An intent-to-use application may be filed if you have a good faith intention to use the mark in commerce. Actual use of the mark is not required before filing an application. However, actual use is required prior to official registration. The U.S. Trademark Office will issue a Notice of Allowance, and then you will have six months to use the mark in commerce or file for an extension. Since the U.S. Trademark Office allows up to five extensions of six months, you can delay actual use of the mark in commerce for up to three years. Once you use the mark in commerce, you simply file a Statement of Use, and the U.S. Trademark Office will issue the official registration certificate.
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