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[hockeydude34]

Hypothetically, I filed a 1A application thinking my product was "in use"

Does "in use" require interstate commerce, i.e., my product w/ logo attached, moving across state lines?  Does it require an actual sale?

My product was "available for sale" via a website, advertised/depicted w/ logo attached.  I also had an "agreement" for transaction.  However, no product physically moved across state lines, and the agreement was for future exchange of $ and product.

I think I'm screwed basically b/c I didn't understand.

As an aside, can I change my 1A basis to a 1B basis w/ explanation and/or fee?

[JSonnabend]

It sounds like your mark was not used in interstate commerce, which for goods (as opposed to services) generally requires that the branded product be sold or shipped across state lines in a bona fide transaction.

You can amend to 1(b) basis, though, without much trouble.

- Jeff