Livonia Trademark Attorney Explains: Use in Commerce Definition
When applying for a U.S. trademark, one of the key requirements is that the mark is either “used in commerce” or there is a bona fide intention to use it in commerce. But what exactly does “use in commerce” mean?
According to the U.S. Trademark Act, a trademark must be actively used in trade, not merely designed, displayed, or reserved for future use.
A trademark is considered used in commerce when:
- It appears on the goods, packaging, labels, or associated displays.
- The goods are lawfully sold or transported across state lines.
- For services, the mark is used in the advertising or sale of services conducted in interstate commerce.
First Use in Commerce: Why It Matters
When two parties apply for similar or identical trademarks, the applicant who can prove an earlier and lawful “first use in commerce” will generally have superior rights, unless another party has already acquired common law trademark rights in a specific geographic region.
The first use in commerce date is:
- When the goods or services were lawfully first sold or transported under the trademark.
- When the business activity was legally recognized as interstate commerce under U.S. law.
Every trademark application must include both:
- First use anywhere (when the mark was first used in any way).
- First use in commerce (when the mark was first used in interstate commerce).
These dates may be the same if the first use was already in interstate commerce. Even foreign applicants must provide this information unless filing under a foreign registration or the Madrid Protocol.
Why You Need a Livonia Trademark Attorney
Navigating trademark law can be complex, and mistakes in proving use in commerce can delay or jeopardize your registration. Working with an experienced Livonia trademark attorney ensures your application is handled correctly, increasing your chances of approval.
Noble Path Trademark Law: Your Trademark Partner
At Noble Path Trademark Law, we specialize in:
Located in Metro Detroit, we serve businesses across industries, including craft brewers, vintners, distillers, and more. Our virtual consultations make protecting your brand convenient and stress-free.
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