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What does 'Use in commerce' mean?

Founder & Trademark Attorney

In US trademark law, "use in commerce" means the mark is being actively and genuinely used in connection with the goods or services in interstate or international commerce in the US market. It is one of the requirements for obtaining and maintaining US trademark rights.

Use in commerce is established when the mark is placed on the goods, their packaging, or displays associated with them, and the goods are sold or transported in commerce. For services, it’s established when the mark is used in the sale or advertising of the services and those services are rendered in commerce.

When providing proof of use to the USPTO, it must be genuine and ongoing. Token use created solely to establish trademark rights, without real commercial intent, does not qualify.

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