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What is use in commerce (in the US)?

In the US, trademark use is essential to register your trademark and to maintain it. Without use, there will be no registration and without a use after registration, your trademark may not be maintained.

Using for goods (products) is actually selling your products with your trademark being displayed either on the actual products or their packaging during the sale.

Using for services in the US is actually advertising and performing the services in the US in more than one state or in the US and a foreign country.

Important points:

Use must be “bona fide” – real sales to real customers. “Token use” is not acceptable.

Use must be in the ordinary course of trade – that means that goods and services must be used in a way which is typical in a particular industry.

Note: the US law says you need to use the trademark in interstate commerce. That means that when you sell your products they need to be sold and shipped to another state or to a foreign country.

What’s required in order to file a trademark application in the US?

  • The full legal name of the applicant (either your company or your personal name)
  • State of incorporation (if filing in your company name) or citizenship (if filing in personal name)
  • The full address of the applicant.
  • The telephone number and email address (not required).
  • The trademark name. If you are filing for a logo, we need to see the logo.
  • The products which you sell or plan to sell under your trademark (provide a list).
  • The services which you offer or plan to offer under your trademark (provide a list).
  • Whether the trademark been used in the US: yes/no. If yes, the date of first use (sale) in the US for each product and service.
  • Specimens of use if your trademark is already in use. Specimens of use are photos of your products with your trademark clearly shown either on the products themselves or their packaging. Specimens of use for services can be a screenshot of your website where your trademark is clearly seen.