How to Choose a Section 1(a) or 1(b) trademark application

Put simply, the difference between a Section 1(a) or 1(b) application comes down to whether you’re using your trademark in business yet. 

1(a) means you are already providing your goods and/or services in business in connection with your trademark. Maybe you’ve made one sale already using your trademark with your applied-for goods and services, or maybe you’ve sold millions using your trademark with your applied-for goods and services.  Either way, you could click on this option. 

• On the other hand, 1(b) means you have a genuine intent to use the goods and services in business with your trademark, but have not yet done so. 

So, let’s say I’m already selling both my t-shirts and graphic t-shirts with my trademark in business.  In that case, I’d make sure each of the goods was selected, and I’d click 1(a).  But if I haven’t yet used my trademark in business with the t-shirts and graphic t-shirts, but I have a genuine intent to do so, I would choose 1(b). 

Note that if you are applying under 1(b), you won’t have to show your proof now in order to submit your application.  But you will have to provide proof at a later stage in the application process showing you are using your trademark in business with your goods and services.  

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