Many entrepreneurs ask: What is the difference between a “Use in Commerce” 1(a) and “Intent to Use” 1(b)Trademark Application?

When you apply for a trademark, you will be asked whether your goods and services are “in commerce” or whether you have an “intent to use” your goods and services.

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Let’s talk about the first option – “Use in commerce”.  This is also referred to as a 1(a) application.

This means that you are already selling goods or providing services in business.  So, let’s say I’m applying for a trademark for my t-shirt business, and I’ve been selling these t-shirts with my trademark for two years.  This would fall into the 1(a) – “Use in commerce” option because I’m clearly already using this trademark in business with my t-shirts.

But let’s say I plan to use this trademark to sell t-shirts, but I haven’t sold any t-shirts yet.  In this case, I would apply for the second option, which is an “intent to use” application.  This is also referred to as a 1(b) application.

This means that I have a genuine intent to use my trademark to sell t-shirts, but I haven’t actually used my trademark in commerce with these t-shirts.

So, when applying for a trademark, remember that these two options based on whether you are using the trademark in commerce with the goods or services, which is a “use in commerce” application, or whether you simply have a genuine intent to use that trademark in commerce with the goods and services, which is an “intent to use” application.