Chareese "Queen" Haile, Esq.
The Difference Between 1A and 1B Trademark Applications
Updated: Jun 19, 2022
When filing an application to register a trademark with the United States Patent and Trademark Office, there are two different types of applications to choose from. There is a 1A application or a 1B application.
A 1A application is a "currently in use in commerce" application. This means that you have already been using your desired mark, in commerce, before applying to secure your trademark.
Benny comes from a family of legendary ice cream makers. The ice cream business, XYZ Creamery, LLC, has been selling ice cream since 1980. Benny has now taken over the family's business. Recently, Benny has began marketing on social media. A reel that Benny made in the ice cream shop has gone viral. Major brands and distributors are now seeking to sell XYZ Creamery's ice cream in their stores. Benny now realizes the importance of securing a federal trademark. Benny files a 1A application to secure the mark, "XYZ Creamery, LLC".
A 1B application is an "intent to use in commerce" application. This means that you have a mark that you want to register but you are not currently selling any products, goods, or services with the mark, at the time you want to file an application to register the mark. The USPTO gives you 6 months to file a statement of use for your mark. You may seek an extension.
Jalon is an athlete with a large social media following. He regularly posts his workout routine. More of his followers have been asking him where he is getting his workout gear from. Jalon custom makes his own workout clothes. He has now decided to create his own athletic clothing brand. He has the idea for a logo and the name of the company in mind. Being the careful guy he is, he decides to trademark his logo and company's name before selling anything.
Choosing the type of trademark application that you will file, depends on the current status of your business. If you would like to learn more about trademarks, click the button below.