Trademark Filing Basis 1a In-Use (when to claim)

Trademark Filing Basis 1a In-Use (when to claim)

  • 18 July, 2018
  • Bold Commerce Collaborator

Trademark Filing Basis 1a In-use

A trademark filing basis forms the legal reason for filing the application, and may be i) in use (1A), ii) proposed use (1B) or iii) a priority from a foreign filing (44E 44D or 66).

Choose Trademark Filing Basis 1A or 1(a) when your trademark is already in use in the marketplace. You will be required to provide the date of first use anywhere (includes advertising, online, in foreign countries) and the date of first use in commerce (when you were selling or receiving payment, shipping goods, advertising for services.).

Based on the provided search results, here's what you need to know about filing basis 1(a) for trademarks in the United States:

  1. Filing basis 1(a), also known as the "use in commerce" basis, applies when you are currently using your trademark in commerce in connection with the goods or services listed in your application.
  2. To file under 1(a), you must provide evidence of actual use of the mark in commerce, which includes:
    • A verified statement of use
    • A specimen showing how the mark is used on the goods or in connection with the services
    • The date of first use of the mark anywhere
    • The date of first use of the mark in commerce
  3. "Use in commerce" means using the mark in the sale or transport of goods or the rendering of services across state lines, to U.S. territories, or between the U.S. and a foreign country. Forming a company or buying a domain name alone does not qualify as use in commerce
  4. To avoid problems, ensure that you have legitimate use in commerce before claiming a 1(a) basis. Common mistakes include:
    • Claiming 1(a) too early, before actual sales or services have occurred
    • Providing specimens that don't show proper use of the mark on the goods or services
    • Giving an inaccurate date of first use
  5. If you haven't used the mark in commerce yet, consider filing under basis 1(b) for "intent to use" instead. You can later amend to 1(a) once use in commerce begins
  6. Be careful about claiming 1(a) without meeting the requirements, as it could lead to challenges or cancellation of your registration on grounds of fraud or misrepresentation


In summary, filing basis 1(a) is appropriate when you have already started using your trademark in legitimate interstate commerce in connection with the applied-for goods or services. Provide the necessary evidence of use and ensure your dates of first use are accurate to avoid potential issues with your application or registration.

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