This video focuses on what is meant by the term "basis." It also provides specifics about the filing requirements for both Section 1(a), Use-in-Commerce, and Section 1(b), Intent-to-Use-in-Commerce, filing bases. Selecting the correct basis is important, as an incorrect basis can result in delays or require the payment of otherwise unnecessary fees.
MARK: Now you are ready to identify the filing basis for the goods and services in your application.
For more information about what a filing basis is and the importance of selecting the proper one, be sure to click the link to watch the instructional Trademark Information Network video. In addition, click on the provided hyperlinks for complete written instructions on how to properly assign a filing basis.
For example, if you are filing an application that has one basis for all goods and services, click the link and follow the provided instructions.
The two most common filing bases are Section 1(a) Use-in-Commerce and Section 1(b) Intent-to-Use. Section 1(a) is for when you are already using your mark in interstate commerce. Section 1(b) is for when you are not yet using the mark in interstate commerce, but you have a bona fide intent to do so within the next 3-4 years.
To complete a Section 1(a) basis, upload a JPG or PDF image of a specimen of use that shows how you are using the mark in commerce, provide a brief description of the specimen, and provide both the date of first use of the mark anywhere and the date of first use of the mark in commerce. The dates are often the same.
Click the "Assign Filing Basis" button to assign the basis. Check to ensure that the assigned basis is correct for each listed good or service. Then, click "Continue."
To complete a Section 1(b) basis, simply click the check box to indicate you understand additional forms and fees will be required, and click the "Assign Filing Basis" button to assign the basis.
Check to ensure that the assigned basis is correct for each listed good or service. Then, click "Continue."