TEAS NUTS AND BOLTS:
Filing Basis

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, you must submit a JPG or PDF image that shows how you are using the mark in commerce. This is called a specimen. For more information about specimens, click the link to watch the instructional Trademark Information Network video.

To submit your specimen, click the “Attach/Remove Specimen” button. On the specimen attachment page, click “Choose File” to select the file from your hard drive. Once the file has been chosen, click “Attach” and confirm that the file has been uploaded. You may add additional specimens by clicking “Choose File” and repeating the process. When you’re finished, click “Return to Application” to continue filling out the form.

You should provide a brief description of the specimen and, if your specimen consists of a webpage, your description must include both the URL and the date you accessed or printed the webpage. In this example, the applicant submitted a screenshot of his website as an electronic point of sale display, so he included in his description the URL (www.tmarkey.com) and the date of capture (January 1, 2018). For more information about the URL and date requirement, click the link to visit the “Specimens” webpage.

In addition to a specimen, you must also 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. In this example, the applicant listed both dates as January 1, 2010. When you’re finished, 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."