Section 1(a) applications

What is Section 1(a) applications?

Section 1(a) applications meaning in Property terms is

(use-in-commerce basis)

an application filed under the basis provided for in Trademark Act Section 1(a), 15 U.S.C. §1051(a).  If you file your application with this basis, you must actually be (a) using the mark you want to register with the goods and/or services in your application, (b) this use must be in commerce, and (b) prior to or at the time of filing your application.  For this filing basis, you will be required to submit all four items listed below:
(1)    A verified statement that you are using the mark in commerce on or in connection with the goods and/or services in the application and, if not included in the initially-filed application, that you were also using the mark in commerce on or in connection with the goods and/or services in the application as of the application filing date. 
(2)    The date of your first use of the mark anywhere on or in connection with the goods and/or services. 
(3)    The date of your first use of the mark in commerce as a trademark or service mark.
(4)    One specimen for each class showing how you actually use the mark in commerce. 

 

reference: Glossary – United States Patent and Trademark Office

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