An intellectual property law firm: patents, trademarks, and copyrights.

What Are the Different Types of Trademark Applications?

There are two main types of trademark applications:

Use In Commerce Applications; and
Intent to Use Applications.

A Use In Commerce Application is an application for a mark (word, phrase, or design) which is already being used in interstate commerce -- meaning sold across state lines.

An Intent to Use Application is an application for a mark (word, phrase, or design) which has not already been used yet but the owner plans to use the mark in the near future.

A Use In Commerce Application applies for a mark under a 1A basis. The Trademark Office uses the term basis to describe how the mark is applied for.

An Intent to Use Application applies for a mark under a 1B basis.

The phrasing of filing under a 1A basis is basically interchangeable with "Use In Commerce Basis" and Use In Commerce Application.

The phrasing of filing under a 1B basis is basically interchangeable with "Intent to Use Basis" and Intent to Use Application.

Example of 1A filing basis (Use In Commerce): A company has been using the words “A B” attached to their product, which has been sold across state lines, before the filing of the federal trademark registration application.
Example of 1B filing basis (Intent to Use): A company wants to come out with a product with the words “C D” attached to a product, but the product has not been sold with the words “C D” attached to the product or the product has not been sold across state lines - before the filing of the federal trademark registration application.

In actuality, a trademark application can file a mark under a 1A and a 1B basis simultaneously - and there be both a "Use In Commerce" and an "Intent to Use" application at the same time. This is because the mark can be filed for two or more different goods or services, where one good or service has been sold and the other good or service has not been sold yet but the applicant intends to sell the other good or service.

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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

What Are the Different Types of Trademark Applications?

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