What does 'Use in commerce' mean?

Photo of Igor Demcak

Written by Igor Demcak

CEO & Legal Mind

'Use in commerce' refers to the requirement for demonstrating actual commercial usage of a trademark in connection with the goods or services it represents. It is an important criterion for obtaining and maintaining trademark rights in many jurisdictions, including the United States.

In the context of trademark law, 'use in commerce' generally refers to the bona fide use of a trademark in the ordinary course of trade to identify and distinguish goods or services. The trademark must be used in a manner that associates it with the source of the goods or services, indicating their origin and distinguishing them from those of other businesses.

To meet the 'use in commerce' requirement, the trademark must be used in connection with the relevant goods or services in the marketplace. This typically involves the actual sale, distribution, or provision of the goods or services bearing the trademark to consumers or clients.

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