Need Trademark Help for clothing line.

[Brandonl]

What is the name of your state? CA
Im trying to file a trademark online, but i am not sure on what these questions are asking, i went to the help section, but it only confussed me more. My trademark is for a clothing line (shirts, headwear, boardshorts, Sweatshirts(hoodies)). the reason for the trademark is to protect a name and logo, I have not begun selling yet, but have a bona fide intention to use my mark in commerce. Can anyone help. Below are the questions i need help with.
_____________________________
Intent to Use (Section 1(b))

Yes No

Use in Commerce (Section 1(a))

Yes No
Right of Priority based on Foreign Application (Section 44(d))

Yes No
Foreign Registration (Section 44(e))

Yes No

 

[divgradcurl]

Well, you select EITHER intent to use or use in commerce, depending on what you are currently doing -- you stated that you haven't yest used the mark, so you would say YES to "intent to use" and NO to "use in commerce." Don't forget that if you file YES under intent to use, you need to file the supplemental form after you've begun using the mark in commerce...

Right of priority based on foreign application or foreign registration are if you are claiming "priority" from a foreign trademark app of foreign registered mark. Your "priority date" is the "earliest effective filing date" that your trademark is entitled to -- basically, all else being equal, if you have two identical marks being registered at the same time, the one with the earliest "priority date" will issue, and the other one will be rejected. If you have filed a foreign app prior to your U.S. filing, or if you already have a foreign registration, you can, under certain circumstances, obtain an earlier priority date than you would otherwise have based solely on your filing date in the U.S. But if you are not relying on a foreign app or mark to establish a priority date prior to your date of U.S. application, then you should select NO for each of these.