If you file based on Section 1(b), intent to use, you must file an allegation of use form (statement of use/amendment to allege use), including the required fee, before a registration may issue. This is a required filing for a Section 1(b) intent to use application even if you were using the mark before the filing date of the application. If, in fact, proper use has been made before the filing date of the application, then you should select the Section 1(a), use in commerce, basis, and attach your specimen showing use of the mark.
For more information about specimens and how to demonstrate proper use of your mark on or in connection with your goods/services, please watch the news broadcast-style video titled “Specimens” (video #8 in the Trademark Information Network (TMIN) series).
For more information about submitting an allegation of use, please watch the news broadcast-style video titled “Statement of Use” (video #10 in the TMIN series).