TMIN News 07: Filing Basis

This news broadcast-style 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.

Resources referenced in the video

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10 Replies to “TMIN News 07: Filing Basis”

  1. From what I gather from this video, applying via Section 1(b) means additional payments through amendment filings. If a person/company wants to get something trademarked, but wants to save money, they should wait until their trademark is in commerce and apply via 1(a) instead?

  2. If I file for multiple goods but all under the same international class, do I need to include a specimen for each good, or is just one specimen with the an example of the mark on one good acceptable? For example if I am in class 3 and list nail polish, face cream, etc is just one specimen with the mark on face cream acceptable?

  3. What's the difference between and Amendment to Allege Use or a Statement of Use? It seems alleging use is claiming you are using the trademark, and statement of use is claiming you are actually using it. I'm assuming both filings have to be truthful, so I'm confused as to the difference. Thanks!

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  5. Hi, what if I have a website already but is not published yet. And I plan to launch in less than two months but have not added my products to sell yet. Do I still file under 1(b).

  6. If I am embroidering clothing and screen printing my own design on the clothing to sell and it is not customized idea by the consumer.. would I still have to register under class 25 and class 40? since I would be embroidering and screen printing.Basically its still a good and not necessarily a service because its my business design for the shirt.

  7. Hi, I have a web-based business and I use the mark "NCY RACING" as a watermark on product picture listing ONLY not on the actual physical product itself. Do I still need to list the actual product as using the mark?

  8. I've been selling a shirt with the phrase "Wick Size Matters" to candle makers and recently someone filed a trademark for that phrase.

    Can they get this phrase trademarked and if so, can I fight to have it taken since I was selling this shirt a year before they filed?

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