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Frequently Asked Questions

What is an acceptable "use in commerce" of my trademark for the purposes of federal registration?

For applications filed under the “use incommerce” basis with the United States Patent and Trademark Office, the mark mustbe 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 incommerce between the U.S. and another country.  In short, you must beactively selling your product or service. For goods, the mark must appear on the goods (e.g., tags or labels), thecontainer for the goods, or displays associated with the goods.  For services, the mark must be used in thesale or advertising of the services.  Merely publishing a legal notice ofyour common law trademark rights on Trademarkia is not a use in commerce. Whenyou request to register your trademark through Trademarkia, an attorneyrepresenting you will review your application to ensure that you have submittedan acceptable use in commerce is.  Click here to get started in applying for your trademarkthrough Trademarkia.
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