“Use in Commerce” refers to the act of a company utilizing their trademark in the sale of goods or services. This is a crucial step as it is a prerequisite for trademark registration. It signifies that the trademark is connected to the products or services being offered, rather than being reserved for future use. In the case of goods, the trademark must be visibly displayed on or with the product, or on relevant documents. For services, the trademark must be featured in advertising or on relevant documents. Additionally, the products or services must be sold or provided in multiple states, which is a requirement for federal trademark registration.
The term “use in commerce” refers to the actual utilization of a trademark in the process of selling goods or services. This form of usage is essential for trademark registration and establishes a connection between the trademark and the goods or services being marketed. It differs from a mere token use, which simply reserves the right to use the mark in the future. In the case of goods, a trademark is considered to be used in commerce if it is displayed on or with goods that are being offered for sale, or if it is placed on documents that are related to the goods. For instance, if a company sells t-shirts with their logo on them, the logo is being used in commerce. Similarly, for services, a trademark is considered to be used in commerce if it appears in advertising or on documents that are related to the services. For example, if a company offers a cleaning service and advertises with their logo, the logo is being used in commerce. It is important to note that the goods or services must be used or provided in more than one state. The use of a trademark in interstate commerce is a requirement for obtaining federal trademark registration.
“Use in commerce” refers to the use of a trademark in connection with the sale or advertising of goods or services in interstate commerce.
Yes, in order to obtain legal protection for your trademark, you must use it in commerce. This is a requirement for both federal and state trademark registration.
Use in commerce can include the actual sale of goods or services, as well as the advertising or promotion of those goods or services in connection with interstate commerce.
If your products or services are sold or advertised in connection with interstate commerce, even if it is only in a limited geographic area, this can still constitute “use in commerce” for trademark purposes.
If you have not yet used your trademark in commerce, you may not be eligible for legal protection. It is important to begin using your trademark in commerce as soon as possible to establish your rights.
Yes, you can use your trademark in commerce before it is registered. In fact, using your trademark in commerce can help establish your rights and strengthen your claim to the mark.
If someone else is using your trademark in commerce without your permission, you may have legal recourse to stop them and protect your rights to the mark.
Yes, you can license your trademark for use in commerce by another party, as long as the terms of the license agreement are properly documented and comply with trademark laws.
If you stop using your trademark in commerce for an extended period of time, you may risk losing your legal rights to the mark. It is important to continue using your trademark in commerce to maintain your rights.
Proof of “use in commerce” can include sales records, advertising materials, and other documentation that demonstrates the use of your trademark in connection with the sale or promotion of goods or services in interstate commerce.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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