Legal Question in Intellectual Property in California

You can claim 1(a) status the same day you begin using your mark in commerce.

Keep in mind that use in commerce for a product generally means transporting the product across state lines for sale, or selling the product to an out-of-state customer. For services, use in commerce is generally satisfied by offering your services to customers in multiple states. See the following article for more details: http://patents101.com/2010/05/use-in-commerce-service-mark/

Although there is no requirement for use in interstate commerce for a specific period of time - the mark is either used in interstate commerce or it is not - if the bona fides of a claim of use in interstate commerce is challenged, which sometimes happens, a longer period of use affords stronger proof of the fact.

Like being pregnant, you either are or are not (using the mark in interstate commerce). There are no shades of grey.

The other attorneys are right on point. Once you sell a product (or render a service) across state lines, you have used your mark in interstate commerce. You can use that date in your USPTO application. Consult with a good trademark attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney