MOAB

Mother of all Brands.

So, we've been hearing about the MOAB bomb these days, not the MOAB in the picture but, it gives us an opportunity to talk about the difference between a USPTO 1A and 1B (below) application.

The 1A application is filed when your mark is being used in commerce: you are selling stuff. 

The 1B application is used when you or your business intend to use the mark in the marketplace. 

There are advantages to filing the 1B: first, (1) your initial filing date will become the date of your first use of the mark, if you make sure to take the other necessary steps to fulfill the registration requirements. You may be asking, why does this matter? Please be aware that this first-use date can be very important in the event a conflict develops with another markā€”in the USPTO or in the marketplace. BTW the reason you are protecting your mark in the first place is in case conflict arises. 

One of the other major benefits is that it puts parties attempting to use the same or a confusingly similar mark on notice. I would liken it to a flag being waved over you business plan. The flag says: "we are in the process of rolling out  our business in a strategic and legally sound way, if your intention is infringement, please note we are competent entrepreneurs." It's a big flag, I know. Reach out if you have a brand idea you are developing, it's always best to do a preliminary search before registering. That way you wont have to pay again fro rebranding.