(203) 809-9490 - Send a Message on Homepage - Online Appointments on Homepage
There are two main types of trademark 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.
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.
Attorney Advertising. This website is for informational purposes only and is not legal advice. Using this site or communicating with the Law Office of John B. Hudak, PLLC through this site does not form an attorney-client relationship. An attorney-client relationship shall be formed only after a documented and signed written representation agreement is made between a lawyer at the Law Office of John B. Hudak, PLLC and a client. Please do not share any unsolicited confidential information with our law firm by email or phone. This site is legal advertising. Copyright © 2022