Register and filing basis
Filing Basis — Trademark Office Action Guide
Every trademark application must declare a valid filing basis under Section 1(a), 1(b), 44(d), or 44(e). Missing or incorrect basis triggers this issue.
What the USPTO is saying
Your application does not specify a valid filing basis, or the declared basis is inconsistent with the application contents. You must identify whether you are claiming use in commerce, intent to use, or a foreign registration basis.
Why this issue is raised
Filing basis determines what evidence and declarations the USPTO requires. Without a proper basis, the application cannot proceed.
How applicants typically overcome it
- Amend to specify the correct filing basis: use in commerce (1(a)), intent to use (1(b)), or foreign basis (44(d)/44(e)).
- Submit specimens and dates of first use if claiming Section 1(a).
- For intent-to-use, confirm no specimens are required until Statement of Use.
- Align basis with foreign registration claims if using Section 44.
Related Office Action issues
Frequently asked questions
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