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What is an acceptable “use in commerce” of my trademark for the purposes of federal registration?
For applications filed under the “use in commerce” basis with the United States Patent and Trademark Office, the mark must be used in the sale or transport of goods or the rendering of services in “interstate” commerce between more than one state or U.S. territory, or in commerce between the U.S. and another country. In short, you must be actively selling your product or service. For goods, the mark must appear on the goods (e.g., tags or labels), the container for the goods, or displays associated with the goods. For services, the mark must be used in the sale or advertising of the services. Merely publishing a legal notice of your common law trademark rights on Trademarkia is not a use in commerce. When you request to register your trademark through Trademarkia, an attorney representing you will review your application to ensure that you have submitted an acceptable use in commerce is. Click here to get started in applying for your trademark through Trademarkia.
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