Understanding 1(a) and 1(b) Trademark Applications
A Guide for New Business Owners
Starting a new business is an exciting journey, filled with many decisions to make. One crucial step in building your brand is protecting your business name with a trademark. But when it comes to registering your trademark, you might encounter some legal jargon that can be confusing. As an attorney practicing in trademark law, I’m here to break down the difference between a 1(a) and a 1(b) trademark application in a way that’s easy to understand.
Imagine You’re Opening a Restaurant
Let’s use the example of opening a new restaurant to explain the two types of trademark applications. You’ve come up with a fantastic name for your place, and you want to ensure no one else can use it. To do this, you need to file a trademark application. The United States Patent and Trademark Office (USPTO) offers two main options: a 1(a) application and a 1(b) application.
1(a) Application: “Open for Business”
Think of the 1(a) application as if your restaurant is already open and serving customers. Your kitchen is bustling, and people are enjoying meals under your restaurant’s name. In legal terms, this means you’re already using the name in commerce. When you file a 1(a) application, you’re telling the USPTO, “My business is up and running, and I’m actively using this name.”
Key Points:
Actual Use: You’re already using the trademark in commerce.
Proof Required: You need to provide evidence, such as photos of your restaurant sign, menus, or promotional materials with the name on them.
1(b) Application: “Opening Soon”
Now, let’s say you’re still in the process of setting up your restaurant. You’ve secured the location, you’re setting up the kitchen, and getting all your permits, but you haven’t started serving customers yet. This scenario fits the 1(b) application perfectly. Filing a 1(b) application is like putting a “Coming Soon” sign on your door. You’re telling the USPTO, “I’m not using this name in commerce just yet, but I fully intend to, and I want to reserve it before anyone else does.”
Key Points:
Intent to Use: You haven’t started using the trademark in commerce yet, but you plan to in the near future.
No Immediate Proof Needed: You don’t need to provide proof of use when you file, but you’ll need to show that you’re using it within a certain timeframe.
Bringing It All Together
In summary:
1(a) Application: Your business is already operational, and you’re using the name in commerce.
1(b) Application: Your business is in the works, and you plan to use the name soon, but you’re not using it just yet.
Both types of applications are designed to protect your trademark, but they serve different stages of your business journey. If your restaurant (or any business) is already serving customers, go with a 1(a) application. If you’re still setting up and want to secure the name before you launch, a 1(b) application is your best bet.
Why Work with an Attorney?
Navigating the trademark registration process can be complex, and it’s crucial to get it right to protect your brand. Working with an experienced attorney can help ensure that your application is filed correctly and efficiently. At AJB Law Firm, LLC, we specialize in helping businesses like yours secure their trademarks, whether you’re already in operation or just getting started.
Get Started Today
If you’re ready to protect your business name with a trademark, or if you have any questions about the process, don’t hesitate to contact us. We’re here to help you every step of the way, from choosing the right type of application to providing the necessary proof of use.
