Longview, TX asked in Trademark for Texas

Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.

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2 Lawyer Answers
London Davenport
London Davenport
  • Trademarks Lawyer
  • Raleigh, NC

A: Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you should use.

Marcos Garciaacosta
Marcos Garciaacosta

A: Most likely 1b

If you do not have a functioning website showing the mark you are filing for,

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